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Transport Authority Act bad - Mullings

Tuesday, June 19, 2007

OPPOSITION MP Clive Mullings (West Central St James) wants the government to repeal the Transport Authority Act to protect citizens from having their vehicles seized by the police, unconstitutionally.

In a motion, tabled in the House of Representatives last week, Mullings noted that chapter three of the Jamaican Constitution guaranteed fundamental rights and freedoms, including the right to a fair trial and the presumption of innocence.

However, he said that section 13(2a) of the Transport Authority Act gave the state the authority to seize property belonging to a citizen before the due process of a fair trial was completed.

Mullings said that such authority amounted to a penalty, by depriving the citizen of his right to enjoy his property, and could result in economic loss to that citizen.

This contravened the presumption of innocence and the right to a fair trial by the imposition of such a penalty before trial, he argued.

In the circumstances, Mullings asked that the House, "call on the Government to repeal the offending sections of the Transport Authority Act, which contravene any right enjoyed by the citizen under the Constitution of Jamaica".


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