A domestic violence victim has filed a constitutional claim against the State, asserting that failures by police and prosecutors led to the dismissal of assault charges against her former partner, infringing on her fundamental rights.

The constitutional claim was filed in September by her attorneys Lee Merry, SC, Kristy Mohan and Ashleigh Motilal. It has been assigned to Justice Carol Gobin and will be heard on December 9.

The assault case saw the police prosecutor, the complainant, fail to attend multiple court hearings. The prosecutor at the Sangre Grande Magistrates' Court also allegedly failed to comply with court directions, resulting in the charge against the victim's ex-fiance being dismissed on May 1. The victim, whose name has not been disclosed for her protection, had reported her ex-boyfriend for a violent attack witnessed by her child, niece, and mother.

In her lawsuit, the claimant accuses the State of failing to uphold sections 4 and 5 of the Constitution, including the right to security of the person, protection of the law, and a fair hearing. She further alleges that the State failed to ensure mechanisms were in place to compel police complainants to attend court and to enforce prosecutorial compliance with court orders. This systemic failure, the claim asserts, amounts to "irrationality, unreasonableness, fundamental unfairness, and the arbitrary exercise of power."

The claimant said she has suffered severe psychiatric injury, including post-traumatic stress disorder, as a result of the dismissed case and continues to live in fear. Her legal team seeks damages, including vindicatory compensation, and declarations that her constitutional rights have been violated.

The case comes amid ongoing criticisms of the criminal justice system's handling of domestic-violence cases. Advocates argue that better safeguards are needed to prevent cases from collapsing due to procedural lapses.

It also comes at a time when prosecutorial missteps and repeated non-compliance with court orders have resulted in the collapse of cases. Most recently, 12 police officers were discharged of misbehaviour offences because of procedural errors, sparking calls for greater scrutiny.

This claim focuses on the impact a collapsed case has on a victim.

In her affidavit in support, the victim said after lengthy delays, her ex-fiance was eventually charged, but the woman police constable who charged him failed to attend court on several occasions and the prosecution failed to comply with directions leading to the case's collapse.

She alleged her ex-fiance was a controlling and possessive partner. She said she ended the relationship when she saw no change in his behaviour and only communicated about their young child.

In 2022, she said he visited the hospital where their child was admitted for covid19, and after introducing him to her partner, who is now her husband, her ex allegedly became aggressive and hostile. His behaviour allegedly escalated and he began harassing her in the ensuing weeks, trying to convince