Senior Reporter
derek.achong@guardian.co.tt
The State has been ordered to pay more than $2.5 million in compensation to the mother of a domestic violence victim who successfully sued over the authorities’ failure to protect her daughter from her abusive ex-boyfriend.
In May 2024, High Court Judge Robin Mohammed upheld the landmark constitutional claim brought by Tot Lampkin, of Upper L’Anse Mitan Road, Carenage, against the Office of the Attorney General.
While Justice Mohammed ruled that Lampkin, who is the guardian of her daughter’s now 12-year-old son, was entitled to compensation, he assessed the quantum in a written decision delivered last Friday.
Justice Mohammed awarded $450,000 in damages for the emotional distress suffered by Lampkin’s daughter, Samantha Isaacs, as a result of the failure of State officials to properly address her reports before her death.
“Not only was she forced to endure years of abuse in several forms, but her attempts at protective and legal recourse were evidently trivialised, having not been treated with the necessary urgency,” Justice Mohammed said.
“I find that such endeavours in futility would have only compounded Samantha’s feelings of despair and helplessness,” he added.
The judge also awarded $600,000 for breaches of Lampkin’s and her grandson’s constitutional right to respect for their family life.
“I additionally consider that the claimant has very vividly described the despair and depression she experiences as a result of Samantha’s murder, which is further compounded by her disappointment in what she deplores as the failure of the Trinidad and Tobago Police Service (TTPS) and the Judiciary to take positive steps to preserve and safeguard Samantha’s life,” he said.
Justice Mohammed also awarded $500,000 in vindicatory damages to underscore the importance of the constitutional rights to life, equality before the law, protection of the law and respect for family life.
“Vindicatory damages shall ensure the reflection of public outrage so as to encourage State agents in their compliance with their positive obligations,” he said.
He further awarded $960,000 for Isaacs’ loss of earnings arising from her death, as well as interest on portions of the compensation awarded.
The State was also ordered to pay Lampkin’s legal costs.
According to the evidence, Isaacs began a relationship with Kahriym Garcia while pursuing a degree in biochemistry at the University of the West Indies in 2011.
She first reported Garcia’s abusive behaviour a little more than a year before the birth of their son, Kaiden, in March 2014.
On May 21, 2013, she reported that Garcia had destroyed her cellphone with a hammer because she did not answer his calls while she was attending classes.
Garcia was questioned by police but was allowed to leave after promising to reimburse Isaacs.
Although Lampkin claimed Garcia was physically abusive to her daughter during her pregnancy, a second report was not made until November 2015.
Garcia, who was armed with a knife, allegedly punched Isaacs in the face in front of their toddler and destroyed furniture in the apartment they shared.
Officers from the Carenage Police Station responded to the domestic disturbance, restrained Garcia and instructed him to pack his belongings and leave the apartment.
Garcia initially complied but attempted to return after the officers left.
He fled after realising Lampkin was calling the police again.
Although their relationship reportedly ended that night, Isaacs allegedly allowed Garcia to return to the apartment in early 2017 after he had been shot four times.
Several months later, she asked him to leave after his violent behaviour resumed.
In June 2017, Isaacs made another report after Garcia allegedly broke into the apartment while she was asleep and attacked her with a knife.
Garcia reportedly threatened to kill Isaacs and her relatives if she refused to rekindle their relationship.
Lampkin claimed Garcia only left after her husband intervened and subdued him.
She also claimed that although police were contacted, officers did not respond because there was no vehicle available at the station.
When Isaacs and Lampkin visited the police station the following day, they were told they would be contacted by an investigator.
After Isaacs was killed, the Police Complaints Authority (PCA) investigated the officer who gave that assurance and recommended disciplinary proceedings. However, no disciplinary charges were brought by the Commissioner of Police.
Isaacs made her final report to police on December 16, 2017, one day before she was murdered.
She alleged that Garcia had attacked her outside her workplace.
Garcia was warned by a police officer, who advised Isaacs to apply for a protection order.
Less than 24 hours later, Isaacs was found lying on the road outside a hotel on Haig Street, Carenage. She had been shot in both legs and the head.
She later died while receiving treatment at hospital.
Police attempted to arrest Garcia, but he died by suicide as officers tried to enter his apartment.
Lampkin was represented by Douglas Mendes, SC, and Clay Hackett, while Tinuke Gibbons-Glen and Kadine Matthew represented the State.
