SAMANTHA Stacey Isaacs was a domestic violence victim who was shot in both legs and behind the head by her abusive, jealous and possessive ex-boyfriend six years ago.
Issacs was killed by Kahriym Garcia on December 16, 2017, and left on the roadway in Carenage. He shot and killed himself when police confronted him hours after.
On May 16, Justice Robin Mohammed held her rights and that of her mother, Tot Lampkin, and her young son, to the protection of the law and respect for private and family life, were infringed by the inaction of the police and the judiciary.
Compensation for Isaacs' family will be determined at a later date as the parties are to exchange submissions on the issue at the end of June.
Issacs was killed by Kahriym Garcia on December 16, 2017, and left on the roadway in Carenage.
Issac and her family's lives were put in grave danger on several occasions with impunity, the judge said.
He admitted he almost recoiled in the comfort zone of accepting the norm that there were no positive obligations imposed on the State to protect the rights and freedoms of citizens under sections 4(a),(b) and ( c) of the Constitution, particularly the right to life as submitted by the State.
However, he said to do so would amount to 'burying one's head in the sand when so many insidious activities are impacting society right above surface level.'
'The facts of this case and the preparation of this judgment have caused me no end of worry
'Knowing the facts of this case and understanding the relevant authorities, have allowed me to be satisfied that this case is exceptional and qualifies for imposing a positive duty/obligation on the State.'
In his ruling, Mohammed called for greater action for domestic violence victims.
'Domestic violence is a harrowing reality that pervades the sanctity of human dignity, leaving scars that run deeper than the visible bruises. Particularly egregious is the disproportionate victimisation of women, ensnared in cycles of fear and abuse.
'Behind closed doors, the abuser wields power, manipulating vulnerability into a weapon of coercion and control. Yet, the insidious nature of domestic violence veils itself in silence, perpetuating a culture of complicity and denial. This abuse often occurs in cycles, beginning with tension-building, followed by the incident of abuse, reconciliation, and calm, only to repeat and more often than not, escalate in intensity over time.'
He said by now, almost everyone in TT knew and understood the cycle of domestic violence as it was prevalent in the country and regionally.
'Why then, does the police not know that every report or complaint of domestic violence must be taken very seriously and investigated thoroughly?
'More must be done, and more is required to be done, by the State through its servants and agents, as has been shown in this judgment derived from the leading authorities.
'Addressing domestic violence requires a multifaceted approach. It involves legal measures to protect and support victims, such as restrainin