A Chaguanas Magistrate has advised police officers to properly investigate domestic abuse allegations before bringing charges before the courts.
Magistrate Duane Murray gave the advice on Friday, as he dismissed a case against a man for breaching a protection order obtained by the mother of his child.
According to the evidence in the case, the woman obtained the protection order, prohibiting the man from being physically and verbally abusive towards her, in September 2019, after their seven-year relationship ended.
In June 2020, the woman reported to police that the man had breached the protection order. She claimed that the incident occurred after she received five missed calls on her cellphone from the man’s number and returned the calls. She claimed that when the man answered, he cursed and threatened her before hanging up abruptly.
When he was arrested, the man denied any wrongdoing, as he claimed that he was calling her to make arrangements to see their daughter.
In deciding the case, Murray noted that he found reasonable doubt in the woman’s claims. He said that the police officer who took the woman’s report failed to do a proper investigation before charging the man. He noted that the officer did not make an official note of the man’s denial of the allegation upon his arrest.
He also pointed out that while cross-examining the woman, the man’s attorney, Bhimal Maharajh, contended that after she returned the calls, he went to his nearest police station to seek assistance in resolving their dispute over custody of their daughter.
“The court expects in circumstances like these that there is something more that ought to take place in terms of an attempt to conduct some degree of inquiry, even if it is to say that a request was made of the defendant for a statement or whatever and he refused,” Murray said.
“All these things are important elements in assisting the court in being able to come to a conclusion that might be one that the prosecution desires,” he added.
Murray also warned the woman about making trivial reports on domestic violence.
“It must be understood that protection orders are meant to be a shield, not a sword. A person must be in legitimate fear and concern for themselves,” he said.
He stated that the case demonstrated that the couple had unresolved issues and encouraged them to seek assistance to help resolve them for the benefit of their child.
“If you cannot do it between yourselves, let the court intervene so that your child could spend time with both her parents. I urge that,” Murray said.
He also advised the man that he should not gloat over the fact that the charge was eventually dismissed.
“The real victory for you will be making use of the best opportunity to have a proper arrangement for your daughter,” he said.
