(Trinidad Express) The Coalition against Domestic Violence (CADV) has welcomed the judgment in favour of Samantha Isaacs who was murdered by her ex-boyfriend in 2017. High Court Justice Robin Mohammed in his judgement said the Trinidad and Tobago Police Service (TTPS) as well as the Judiciary did not take sufficient steps to protect Isaacs, even though multiple reports of domestic violence were made against her would-be murderer.
Mohammed on Thursday delivered a 110-page judgement in favour of Tot Lambkin, the mother of Isaac, who had brought the constitutional claim seeking compensation for the failure by the State to protect her daughter who, in December 2017, was shot dead in Carenage by 31-year-old Kahriym Garcia, in Carenage. Garcia later died by suicide.
In his judgment, Mohammed said domestic violence is a “harrowing reality that pervades the sanctity of human dignity, leaving scars that run deeper than the visible bruises.”
While Mohammed ruled in Lambkin’s favour in a constitutional claim, the quantum of compensation that is to be paid to her and Isaac’s ten-year-old son has not yet been determined. This will be done at a later date after attorneys for Lambkin, as well as the State, file submissions on the issue.
A news release from the CADV stated that the judgment gives all victims and organisations working on this issue a greater clarity on what they can expect and demand from the State. “Domestic violence is so prevalent that we must appreciate that to reduce it we will need greater state accountability for meeting its duties to respond and protect. This judgement does exactly that; it holds the State accountable for the loss of Samantha’s life and gives guidance on the scope of the duties of the State.
“As we reflect on Samantha’s tragic fate and this judgment, CADV renews its commitment to combating domestic violence. Let us stand in solidarity with victims, demand accountability from the state authorities and continue to work tirelessly to create a world where no one lives in fear within their own home.
“There have been important developments, including the establishment of the Victim and Witness Support Unit and the reform of the Domestic Violence Law. Yet, women continue to be killed in domestic violence situations, even when they have protection orders,” the CADV said.
The CADV further stated that the State is under a positive obligation to act with due diligence to protect, prevent and to investigate acts of domestic violence. “More to the point, for all victims, the court said that the State (meaning especially, in this case, the Police and the Courts) must provide adequate and effective protection from violent and criminal conduct.
“The CADV welcomes this ground-breaking judgment which reflects the demands of our member organisations for a better, more reliable and effective response by the State to protect victims. This includes a swift police response alongside the timely issuance and enforcement of protection orders.”