PORT OF SPAIN, Trinidad CMC:
THE TRINIDAD and Tobago government and opposition are at loggerheads over a proposed new bill, which seeks to jail persons who knowingly spread HIV/AIDS.
Last Friday Junior National Security Minister Fitzgerald Hinds introduced the Offences Against the Person HIV Amendment Bill, which states that an individual convicted on indictment for intentional exposure of HIV/AIDS could face up to 10 years in prison.
Conviction on the offence of reckless exposure could carry a maximum of seven years in jail.
If a victim dies as a result of either intentional or reckless exposure - the bill provides for the offence of manslaughter to be used as the charge against the accused. Manslaughter carries a maximum penalty of life imprisonment.
'A PROSECUTOR'S NIGHTMARE'
However, independent opposition Member of Parliament Gillian Lucky, has described the bill as "a prosecutor's nightmare" and wants the bill referred to a joint select committee for its expert advise.
Lucky argued that from a legal point of view the threshold for catching anyone is too low since infected people can claim ignorance of their condition and use it as a legal excuse. She advised the government to withdraw or make changes to the legislation.
She also questioned whether the proposed law would cause mischief and instead force persons to live in ignorance while adding that if the bill becomes law it will be a very difficult one to prosecute.
"Going into persons' private lives and bedrooms is always very difficult; with years of experience in prosecuting it will be easier to prosecute a rape case, which in itself is difficult, than to prosecute anybody charged under this legislation," Lucky said.
However Eudine Job-Davis, Tobago East Member of Parliament contented that the Bill is needed now because the continued spread of this disease will pose developmental problems for the country.
