Independent Senator Hazel Thompson-Ahye has expressed frustration at the outcome of a recent domestic violence case where charges against a Chaguanas man accused of beating his wife and dousing her with gasoline were dismissed because the woman refused to testify against her husband.
However, charges of weapon possession and resisting arrest were to continue because “they were police matters and not dependent on the victim’s evidence.”
Thompson-Ahye, chairperson of the Child Rights and Restorative Justice Organiszation, said it was incorrect to conclude that it was necessary for the wife to give evidence to prove the charge of assault and bodily injury.
“After years of advocacy on domestic violence, by so many individuals and NGO’s (we recently celebrated 30 years of the Domestic Violence Act) and millions of dollars spent on training the police and the judiciary, I am astounded that we still cannot get it right,” she said.
“I confess to a feeling of frustration, as over the years, I have spoken to dozens of groups, including men’s groups, conducted training, free of charge, and written many letters on domestic violence.”
Reiterating a position she had previously stated, Thompson-Ahye said: “The police must understand that domestic violence is first and foremost a crime. Crimes need to be investigated by the police and the perpetrators brought to justice. The police conduct an investigation when the victim is murdered and must also do so when the victim is still alive.”
She is calling for the country’s domestic violence law be amended, or for the police be issued general orders, instructing that every officer who receives a report of domestic violence record what action he has taken in light of that report.
This will “take some pressure off the victim and place it where it belongs, on the police, to take action and in the hope that it may help to save a life,” she added.
“Our Domestic Violence Act has been amended. Perhaps, what needs to be done is to institute, in every district in Trinidad and Tobago, special Domestic Violence Courts, staffed with prosecutors and judicial officers, trained in the law and dynamics of domestic violence.
“In the instant case, the police charged the perpetrator, but, faced with the victim’s refusal to testify, and, having been eyewitnesses to the violence, should have been prepared to use the evidence gathered through their own eyes and ears, at the scene of the violence, as well as other available evidence, such as a medical report, to prove the case against the perpetrator.
“This case should not have failed because of the victim’s refusal to cooperate. Instances, such as this, embolden potential perpetrators,” Thompson-Ahye said.
She also asked: “Is there a role for the Director of Public Prosecutions here?”