Domestic-violence victim sues State, says police failings caused collapsed case

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A domestic violence victim has filed a constitutional claim against the State, asserting that failures by police and prosecutors led to the dismissal of assault charges against her former partner, infringing on her fundamental rights.

The constitutional claim was filed in September by her attorneys Lee Merry, SC, Kristy Mohan and Ashleigh Motilal. It has been assigned to Justice Carol Gobin and will be heard on December 11.

The assault case saw the police prosecutor, the complainant, fail to attend multiple court hearings. The prosecutor at the Sangre Grande Magistrates’ Court also allegedly failed to comply with court directions, resulting in the charge against the victim’s ex-fiance being dismissed on May 1. The victim, whose name has not been disclosed for her protection, had reported her ex-boyfriend for a violent attack witnessed by her child, niece, and mother.

In her lawsuit, the claimant accuses the State of failing to uphold sections 4 and 5 of the Constitution, including the right to security of the person, protection of the law, and a fair hearing. She further alleges that the State failed to ensure mechanisms were in place to compel police complainants to attend court and to enforce prosecutorial compliance with court orders. This systemic failure, the claim asserts, amounts to "irrationality, unreasonableness, fundamental unfairness, and the arbitrary exercise of power."

The claimant said she has suffered severe psychiatric injury, including post-traumatic stress disorder, as a result of the dismissed case and continues to live in fear. Her legal team seeks damages, including vindicatory compensation, and declarations that her constitutional rights have been violated.

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The case comes amid ongoing criticisms of the criminal justice system's handling of domestic-violence cases. Advocates argue that better safeguards are needed to prevent cases from collapsing due to procedural lapses.

It also comes at a time when prosecutorial missteps and repeated non-compliance with court orders have resulted in the collapse of cases. Most recently, 12 police officers were discharged of misbehaviour offences because of procedural errors, sparking calls for greater scrutiny.

This claim focuses on the impact a collapsed case has on a victim.

In her affidavit in support, the victim said after lengthy delays, her ex-fiance was eventually charged, but the woman police constable who charged him failed to attend court on several occasions and the prosecution failed to comply with directions leading to the case’s collapse.

She alleged her ex-fiance was a controlling and possessive partner. She said she ended the relationship when she saw no change in his behaviour and only communicated about their young child.

In 2022, she said he visited the hospital where their child was admitted for covid19, and after introducing him to her partner, who is now her husband, her ex allegedly became aggressive and hostile. His behaviour allegedly escalated and he began harassing her in the ensuing weeks, trying to convince her to marry him.

“He tried to exert possessiveness and control over me even after our relationship ended.” The estranged couple settled arrangements for access to their son through their respective attorneys. Things took a turn when on June 18, 2022, she was allegedly assaulted while handing over her son. She said she was choked, hit in the face and thrown to the ground. Her elderly mother was also allegedly thrown to the ground and punched repeatedly in the face.

Neighbours, who witnessed the assault, had to intervene, she said.

The police came 20 minutes later and she was instructed to go make a report at the police station. While there, the victim said an officer appeared hesitant to take the report. Later while seeking medical treatment, she said she received a call from the gender-based unit asking about her sexual history with her alleged attacker, leaving her insulted and bewildered.

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“I could not fathom why my sexual history with my abuser had any correlation to him beating and abusing me.”

She returned to the station to make the report and was told to return. “The police’s unwillingness to take immediate and decisive action made me feel fear for my safety.”

Later that month, she applied for a protection orders at the court and for more than six months she tried to get updates from the police. Eventually, her ex-fiance was charged for battery. At the fourth hearing of the case, the case was dismissed because of the police’s failure to comply with court directions and their absence from hearings.

“Initially, I had faith that the court system would bring justice. However there seem to be no repercussions for the police’s failure to comply with court directions.

“I felt betrayed as a victim of domestic violence by both the police and the court system which seemed indifferent to my suffering. I felt like another statistic.”

The young mother has now lost faith in the criminal justice system.

She said when a case collapses because of prosecutorial missteps or want of prosecution, the offending officers are not appropriately disciplined or sanctioned.

In data provided in a freedom of information request, from January 2016 to 2021, in 1,083 dismissed cases, in only 12 cases were an officer suspended.

“The issue of poor attendance of police officers at their criminal matters and the lack of disciplinary action against them continue to plague the TTPS. Despite the fact, the issue of non-appearance of police officers has been in the public domain for many years, I am not aware of any steps that have been taken by the State to deal with the issue.

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"The dismissal of the case without a trial has a disastrous effect on victims of crime like myself and is one of the principal reasons for the lack of faith in the criminal justice system generally.”

The collapse of last week’s high-profile extortion case involving seven police officers led to disciplinary action against three police complainants, Police Commissioner Erla Harewood-Christopher said on November 22.

The Police Complaints Authority has also initiated a probe into the collapse of both cases in which the 12 officers were freed.