Hazel Thompson-Ahye

Chairperson, Child Rights and Restorative Justice Organisation

I read, with dismay, reports in the print media of February 4, 2022, that charges, brought against a Chaguanas man for assaulting and causing his wife grievous bodily harm by beating and dousing her with gasoline were dismissed, as the wife had refused to testify against her husband.

The newspapers reported that the police, who responded to the report of domestic violence 'saw the man beating the women with a cutlass while holding a gas container.' The report further stated that the beating continued in the presence of the police and that the man even gave the police, as his justification for the beating his wife, that the wife did not cook. Charges involving the assaults on the wife were dismissed by the magistrate, as the wife was unwilling to testify. We were informed that the charges of weapon possession and resisting arrest were to continue as 'they were police matters and not dependent on the victim's evidence.' The inference we are invited to draw is that to prove the charge of assault and bodily injury to the wife it was necessary to have the wife's evidence. This is incorrect.

After years of advocacy on domestic violence, by so many individuals and NGOs (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. 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.

In a letter, published in October 2016, I wrote: "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."

The Australian Law Reform Committee on Domestic Violence advised that 'the police are gatekeepers of the justice system and decide who are to be charged in domestic violence cases, but when they believe a domestic violence offence has been committed their role is to enforce the law and not be peacekeepers.' They advised that the police should gather evidence at the scene so the case could proceed without the victim's evidence.

A Canadian report of the results of a 'no drop charge policy' showed 'a dramatic rise of over 80 per cent from a previous two per cent in the number of cases of police charging perpetrators after they had gathered sufficient evidence.' The 'study also found a reduction in the level of violence after the intervention.'

Following that study, specific departmental orders were issued to the police in Canada, the United States and New Zealand, instructing when to arrest in domestic violence cases. I recommend that our police be given similar specific instructions here. Apparently, our domestic violence laws are not enough.

I also