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Police Complaints Authority's Report on Domestic Violence (2022)
In September of 2019 the Police Complaints Authority (PCA) launched its tripartite series “Bits of Paper- From Failure to Function”, a campaign on Domestic Violence with a focus on the PCA’s active oversight role in the conduct and functions of TTPS officers in this area of policing. This series included three outreach sessions designed to invite public consultation on our functions as they relate to the referrals and recommendations made in this area. The three sessions were designed to target the following stakeholder groups: ·Students of the University of the West Indies, Trinidad;·Trinidad and Tobago Police Service Gender Based Violence Unit and officers dealing with reports of Domestic Violence; and·Internal PCA stakeholders.The first of this outreach series was in collaboration with The University of the West Indies, Faculty of Social Sciences which hosted a seminar entitled “Bits of Paper – From Failure to Function” on October 31st 2019 at the UWI, Faculty of Social Sciences Lounge.
In January and April, 2020, in an effort to deploy the second part of this tripartite series, the PCA dispatched formal correspondence to the Senior Superintendent of the Gender Based Violence Unit and requested the opportunity to meet with her and her team. To date there has been no response.The PCA has several roles relevant to complaints of domestic violence:1. Officer Based Domestic Violence- We investigate reports of domestic violence where a TTPS Officer is the alleged perpetrator.2. Victim Support- We make recommendations for support and counselling for victims of domestic violence whether the violence was at the hands of a police officer or whether the victim is a police officer.3. Neglect of Duty and Breach of Orders- We investigate the manner in which TTPS officers treat with reports of domestic violence.At the PCA each complaint is treated with on a case by case basis at our regularly scheduled case management conferences. These conferences are attended to by either the Director or Deputy Director, Legal Counsel and a PCA Investigator. The PCA has also engaged our investigators and legal team in both internal and external training in this particular field of policing.
The following is a sample of the Case Studies; Summaries ofReferrals and Advice to the Commissioner of Police by thePCA as it relates to Domestic Violence from the period2012 to date:2012 in Valencia01This 25 year old female lived in Valencia with a policemanand his children. Their mother, his former spouse, allegedlyset herself on fire during an altercation with this officer. Shedied. Her successor described violent threats on the lowestend of the spectrum. After the authorities got involved shewas intercepted by the officer who allegedly slammed herto the ground, undressed her, inserted his fist into hervagina and kicked her repeatedly- in her vagina. She nextrecalled waking up at the Sangre Grande Hospital. Theseallegations are at the highest end of the spectrum.The Virtual Complainant (VC) refused to participate in anyaction against this officer. This posed several problems interms of a referral by the PCA for the prosecution of thiscase.cont'd
2012 in Valencia01The PCA agreed, among other things:1.That the Police Complaints Authority (PCA) plays aninstrumental role in ensuring the safety of those who areabused in their own homes by cooperating with theCoalition Against Domestic Violence (CADV). 2.That a group similar to the Strategic Support Group (SSG)in the U.K. be established to: 1.Review DV cases and identify any lessons for both thePCA and for policing. (The vision was to include otherclasses of victims such as children; young persons; thementally ill and the disabled, that is to say, vulnerablecitizens.) 2.Train PCA staff on the treatment of this category ofcomplainants. 3.That the PCA take steps to sensitize the TTPS on DV. 4.That there be an implementation of a DV Investigativeand Procedural Manual for Police Officers in Trinidad andTobago. 5.That there be active use of the National DV Register.(Section 21 (2) of the DV Act Chap: 45:56 sets out that theCOP is to maintain this register.) cont'dcont'd
In this matter consideration was also given to:1.Subjecting the officer to disciplinary proceedings; 2.Bringing complaints under the Summary Offences Act and 3.Pursuing the offence of assault occasioning actual bodilyharm regardless of the unwillingness of the victim sincethere was medical evidence and an admission by theperpetrator. 2012 in Valencia01cont'd
2012 in Palo Seco02This lady complained that her spouse, a police officer,slapped her and harassed her at her workplace. Adisciplinary tribunal was commissioned by the police to dealwith these allegations.2013 in Tobago03The female complainant emailed her complaint to the PCAabout her husband’s, a police officer’s, physical abuse. Shedid not respond to any of the PCA’s attempts to contact herand she did not give us any contact information other thanher email address. 03
2013 in Aranguez04This complaint was relative to a husband, another policeofficer, hitting the complainant with a stone to the back ofher head. The PCA looked at his actions and theinvestigation that the police conducted.In both investigations the woman eventually signedstatements claiming that she did not want to pursue thematter. But she admitted to the PCA’s investigator thatwhen she gave that position to the police she was scaredthat, “something serious would have happened as a result ofthe incident.”What is disturbing is that the PCA discovered that thepolice did appoint an investigator but he did not record astatement from the victim. She wrote up her own versionand no questions were put to her to clear up anyambiguities or to gather useful information. As a result, theoffender was questioned about the wrong date. Heprovided an alibi for that date that the Investigator put tohim and quite helpfully copies of a Duty Diary wereproduced to support the alibi. The statement by the officerand the production of this diary took place one year afterher complaint to the police.
2014 in Belmont05When this lady was slammed against a wall and held soviolently that her arm started to swell and was cut, shewent to the police for help. Her spouse was a policeofficer. The Senior Superintendent referred the matter tothe PCA.She eventually completed a Discontinuance Form andgave the following reason:“Your system is more punitive than rehabilitative. I wanthelp for my husband who has a drinking problem…I do notwant my husband to lose his job.”
2015- Report made to St. James Police Station06As is protocol, the PCA decided to notify the Commissionerof Police of serious allegations of Domestic Violence againstone of its own. In this case, the officer threatened hisspouse by threatening to kill her; threatening to arrange forsomeone to kill her; threatening to throw acid on her;threatening to fire shots at her house; threatening to kill anylover she may have and threatening to kidnap theirdaughter. He later admitted to our investigator that theyhad a volatile relationship where she would also hit him andthat he may have made some of those utterances in theheat of the moment.The complainant herself described a history of reporting tothe St. James Police Station repeatedly and obtaining theassistance of the officers in getting her husband out of herhome. She asserted that she was too ashamed to return tomake any further complaints because the officers hadhelped her on those numerous occasions. However, whenwe investigated the matter, there was no record of any ofher reports.cont'd
2015- Report made to St. James Police Station06When she eventually indicated to us that she did not wantus to proceed in the matter she explained that they hadseparated and they had “moved-on.” She was adamant thatshe did not want her name recorded on any complaint,especially to the COP because she was financiallydependent on this officer and did not want him to lose hisjob. This was the same reason she asserted that she gave tothe police officers at St. James who she claimed alsoreferred her to the TTPS Social Workers and Families inAction.This case again triggered consideration of the following:1.DV Sensitization for all Officers; 2.The establishment of a DV Investigation and ProcedureManual for police officers; 3.The insistence of logging offenders in a DV register and 4.Recommendations for mental health care for policeofficers. cont'd
2016-Police Fail to Investigate Reports of Domestic Violence07In July, 2016, a civilian made a report of assault by beatingand threats by her husband to the police. An officer wasassigned to investigate this mater but failed to do so sincehe claimed he was assigned to the EMA and his duties didnot include investigating allegations of Domestic Violence.This report was never investigated by the TTPS.In August, the same civilian made a report of a breach of aprotection order which included details that her husbandwas armed with a weapon and drove in a dangerous mannerwhich put her life at risk. An officer was assigned toinvestigate this report and criminal proceedings werebrought against the assailant. However, the officer failed toattend court and no explanation was offered for hisabsence. The civilian was murdered by her husband weeks beforethis matter was tried in the magistrate’s court.The findings of the PCA’s investigation were referred to theCOP and advice was provided as it relates to the conduct ofinvestigations by the TTPS into reports of DomesticViolence.
2017 in Siparia08In this matter, when the police officers received the reportof threats to kill and shoot together with a history ofphysical abuse they elected to warn the offender andadvised the victim to take out a DV order in court. Thevictim was clear that she did not want to go to Courtbecause she was afraid that, “the situation would getworse.”In June 2017, SI and her mother, made a report to theCarenage Police Station that the former’s boyfriend wasarmed with a gun and a knife and made threats to themwhile he held the said knife against the throat of themother. No action was taken against the boyfriend as thisserious report was never investigated by the police. On December 15, 2017, SI and the said boyfriend got intoan argument which resulted in a physical altercation. Thismatter was reported to the St. Clair Police Station and bothparties were counselled and warned accordingly by police. 2017- Woman Dies After Police Fails To Invesiigate Report of Domestic Violece09cont'd.
On December 16, 2017, SI was shot and killed by herboyfriend who subsequently committed suicide. The PCA conducted an investigation into the conduct of thepolice officers and made a referral for the consideration ofdisciplinary action to the COP. The TTPS conducted aninvestigation into the failure by the police to investigate SI’sreport of June 2017 and found no evidence of wrongdoingby the police. SI’s mother has since filed a constitutionalmotion against the State, contending, inter alia, that SI’sconstitutional rights were violated by the failure and/orinaction of the TTPS to provide SI with adequate and/oreffective protection from the criminal and/or violentbehaviour of her former boyfriend, following reports madeagainst him by SI to the TTPS. This matter is presently the subject of on-going proceedingsbefore the High Court of Justice.2017- Woman Dies After Police Fails To Investigate Report of Domestic Violence09cont'd.
In March, 2018 a civilian reported that he had a verbalaltercation with his brother who attacked him with a cutlass.He was also beaten about his face, neck and head by hisbrother’s brother-in-law. Police officers and an ambulancewere called to the scene.The civilian was attended to at the Eric Williams MedicalSciences Complex and sustained a fracture and chopwounds. He was warded for weeks.Upon his discharge from hospital he made a report at thepolice station and was issued a citizen report. The TTPSinvestigator was also identified. To date there is noevidence that an investigation was conducted by the TTPSeven though the identities of the assailants are not a fact indispute.The information gathered by the PCA during its preliminaryinvestigation was referred to the COP for the considerationof disciplinary proceedings.2018- TTPS Fails to Investigate Civilian's Report ofWounding10
In July, 2020 the PCA received a report by a civilian whowas in the process of concluding matrimonial proceedingsagainst her ex-husband, a retired Inspector of Police. Eventhough the parties had been separated for many years theycontinued to share the matrimonial home and in November,2019 the retired officer punched her in her face.The victim made a report at the Tunapuna Police Stationand a TTPS Investigator was assigned to her matter.The PCA’s investigation revealed that there was noevidence of any investigation by the police.The PCA referred the matter to the COP for theconsideration of disciplinary proceedings against the officerwho failed to investigate the incident.2020- TTPS Fails to Investigate Allegations ofDomestic Violence At the Hands of Retired Inspectorof Police11
In August, 2020, a civilian was the subject of threats issuedby her relatives who also obstructed the path to her home.Upon receiving the report the attending police officerwarned both the victim and one of the relatives to ceaseand desist from making threats. Enquires by the PCArevealed that no investigation was conducted in relation tothe report by the victim.The guidelines to police officers state that, “A threat to dophysical harm constitutes a criminal offence namely anassault” and they impress “...upon police officers theimportance of conducting detailed investigations wheneverreports of threats are made or received.”The information gathered by the PCA during its preliminaryinvestigation was referred to the COP for the considerationof disciplinary proceedings.2020- Police Warns Suspect and Victim Instead ofInvestigating Criminal Offence12
In January 2021, a school teacher made a report to thepolice of an assault by her husband and his girlfriend.The receipt for the report that was recorded by the TTPSinvestigator for more than an hour, was not only incorrectlycoded but referred to a classification that did not mandate afull investigation as set out by the TTPS Standing Orders.This victim received injuries to her shoulders, leg and rightarm and was attended to at a private institution.The information gathered by the PCA during its preliminaryinvestigation was referred to the COP for the considerationof disciplinary proceedings.2021- Police Investigator Neglects in Civilian'sReport of Domestic Violence13
ADVICE SENT TO THE OFFICE OF THECOMMISSIONER OF POLICE PURSUANT TOSECTION 21 (1) (D) OF THE POLICE COMPLAINTSAUTHORITY ACT, CH. 15:05 CONCERNINGREPORTS OF DOMESTIC VIOLENCE.
(1) May 28 2019Retraining of police officers on the proper actions to betaken to investigate reports of Domestic Violence.(2) October 24, 2019Police officers must be reminded of the requirement tocomply with the procedures detailed in the TTPSStanding Order No. 53.(3) July 10, 2020Consideration to be given to relieve officers, who arethe subjects of Domestic Violence complaints, of theirTTPS issued firearm as well as their personal firearms(if any).(4) July 8 2021To consider placing greater emphasis on DomesticViolence reports, especially breaches of ProtectionOrders and to remind all police officers to exercise therequisite alacrity when investigating Domestic Violencematters given its prevalence and sensitive nature.
(5)July 13, 2021On December 20th, 2018, pursuant to Section 26 ofthe Police Complaints Authority Act, Ch. 15:05, (PCAAct), the Police Complaints Authority (PCA)commenced an investigation into allegations publishedin print media that the police failed to conduct properinvestigations into numerous reports of DomesticViolence and reports of breach of a Protection Order,which were made by CTB (Deceased) against herhusband, AB, the most recent of which was made onJuly 19th, 2016 – Assault by beating. CTB was murdered by her husband, AB, in November,2016. cont'd
The PCA’s investigation found that there was a primafacie case of Neglect of Duty by two officers for failingto investigate reports made by the Deceased. The PCArecommended that Disciplinary Action be taken againstthese officers. Additionally, the PCA provided thefollowing advice to the Office of the Commissioner ofPolice, pursuant to Section 21 (d) of the PCA Act: A. Police officers should be appropriately trained totreat with reports made by victims of DomesticViolence. More specifically, victims may be fearful ofthe repercussions of making a report to the policeconcerning an instance of Domestic Violence and mayrequest that the officers merely warn their abuser, aswas the case with Ms. CTB in her report of December19th, 2015. According to the Handbook on EffectivePolice Responses to Violence Against Womenpublished by United Nations Office on Drugs andCrime (“UNDOC”) “in such cases, police will need topay special attention to addressing and relieving thefears of the victim and to take specific steps to protectthe victim. cont'd
This can include taking the victim to a shelter, seeking alegal Restraining Order against the offender where thelaw permits and working with the victim to create apersonal safety plan. All of this is in addition to theneed for a thorough police investigation, includingdetailed interviews of victims and witnesses, offenderinterrogation and the collection of evidence.”Additionally, officers should be reminded of theirobligation to respond to every report alleging DomesticViolence pursuant to the Domestic Violence Act, Ch.45:56. B. The supervising officer must provide the necessaryguidance and assistance to an assigned policeinvestigator into a report of Domestic Violence,especially where the matter may be of a particularlyvolatile and serious nature and the officer assigneddoes not have the requisite training to deal with such areport. The International Association of Chiefs of PoliceDomestic Violence Model Policy (updated April, 2019)states that the role of a police supervisor in a report ofDomestic Violence is as follows: cont'd
-“1. Respond to assist officers investigating incidents ofDomestic Violence when requested by an officer orwhenever the incident appears to involve a lawenforcement officer, prominent community member, orpublic official. -2. Supervise the on-scene investigation, if not alreadycompleted, to ensure that appropriate action is taken. -3. Review all Domestic Violence reports for accuracyand consistency and conduct after-action reviews andDomestic Violence case audits to ensure officers andinvestigators are conducting comprehensive, victim-centred, perpetrator-focused investigations. -4. Assess for co-occurring and interconnected crimeswhen responding to Domestic Violence, to include butnot be limited to stalking, sexual violence,strangulation, firearms prohibitions, protection orderviolations, intimidation and threats, and abuse ofchildren, elders, and animals. cont'd
-5. When making arrest decisions, officers shallconsider which individual appears to be thepredominant aggressor. -6. If an arrest is not made, the officer must provide anexplanation in the report as to the reason why. -7. When an arrest cannot be made due to lack ofprobable cause, the officer should (a) explain to thevictim the reasons that an arrest is not being made, and(b) facilitate contact with a local Domestic Violenceservice provider for information regarding counsellingand other services. -8. Dual arrests are strongly discouraged. If an officerhas probable cause to believe that two or more personscommitted a crime and probable cause exists to arrestboth parties, the arresting officer shall contact theirsupervisor before proceeding with the arrests. In theevent of a dual arrest, a separate report for each arrestshould be written and filed and should include adetailed explanation indicating the probable cause foreach arrest.” cont'd
C. Police officers who are attached to specific agenciesand/or units, similar to the officer who was assigned tothe Environmental Management Authority, should notbe assigned to investigate matters outside the scope ofsuch postings, unless they have received specializedtraining which renders them competent to carry outanother specialized duty. All officers should bereminded of their overarching responsibilities inconducting an investigation, to wit,“An effective investigation, generally, is one where theinvestigator: - Acted in a professional, impartial, and objectivemanner,- Was diligent in the collection of physical evidenceand statements, - At all times treated all parties involved withrespect and dignity,- If there was an offence, identified the person(s)responsible and collected sufficient evidence to provethe case in court,- Took steps to address the safety needs of allinvolved. cont'd
A good police investigator will: - Have a sense of process and understand itsimportance in an investigation- Thoroughly document all facets of theinvestigation- Have respect for evidence (what it is, its value andhow to collect, preserve and document it),- Take an analytical and creative approach toproblem-solving, - Effectively use all investigative tools and resourcesavailable.”[1][1] Handbook on Effective police responses to violence against women, supra.
(6) March 23, 2022The PCA advised that reports of Domestic Violencemust be correctly recorded and the investigation ofsuch matters must be given a high level of priority.Consideration may be given to creating a standardpolicy which will outline in detail the manner in whichofficers must treat with a report of Domestic Violence,whether made via phone call or in person. An examplecan be drawn from the International Association ofChiefs of Police which, in 2006, adopted a model policyto establish international guidelines for policeresponding to Domestic Violence calls. In that policy,officers are expected:- To establish arrest and prosecution as a preferredmeans of police response to Domestic Violence;- To take appropriate action for any violation ofpermanent, temporary or emergency orders ofprotection;- To afford protection and support to adult and childvictims of Domestic Violence; cont'd
- To promote the safety of law enforcementpersonnel responding to incidents of DomesticViolence;- To provide victims or witnesses of DomesticViolence with support and assistance throughcooperative efforts with community stakeholders inorder to prevent further abuse and harassment or both;- To complete thorough investigations and effectarrest of the predominant aggressor upon theestablishment of probable cause[2].The PCA also advised on this occasion that officersshould be reminded that pursuant to Section 21 of theDomestic Violence Act, Ch. 45:56, a police officer ismandated to respond to every complaint or reportalleging Domestic Violence. [2] United Nations Office on Drugs and Crime Handbook on Effective police responses to violenceagainst women: https://www.unodc.org/documents/justice-and-prisonreform/Handbook_on_Effective_police_responses_to_violence_against_women_English.pdf
(7) April 06, 2022 The PCA advised that all officers should be subject toroutine training on how to treat with victims of crimesof any kind. It is respectfully opined that this kind oftraining should not be limited to those officers whostaff specialized units, as more often than not, victims’first point of call would be their nearest police station,and only after the report is made is it transferred to aspecialized unit. In this regard, the PCA recommended to theCommissioner of Police (Ag.) that his office shouldconsider the International Association of Chiefs ofPolice (IACP) Training Supplemental which was created“recognizing that fiscal concerns often impact an agency’scapacity to provide adequate training, the Supplementalwas not developed as a stand-alone course requiringadditional resources and time. Instead, it outlines victimresponse enhancements that can be integrated into allexisting basic and advanced law enforcement curriculaand utilized with a minimum investment”. cont'd
The Training Supplemental presents law enforcementagencies with content that can be customized toprovide every agency employee with specificknowledge, skills, abilities, and tools to better respondto victims of crime. This document or training of asimilar nature may assist officers as the training directlyaddresses key elements of victim responses, including: a) Effective Communication. Effective communicationskills are essential for establishing a positive andprofessional relationship with victims. Lawenforcement officers must remain cognizant that voicequality and tone, as well as non-verbal communication(facial expressions, gestures, body motions, andposture), convey intended or unintended messagesduring a conversation.b) Empathy. Officers must balance professionalinvestigatory conduct with an honest effort toempathize with the victim. cont'd
b) Empathy. cont'd Taking the time to listen to thevictim, ensuring that support services are notifiedpromptly, and recognizing the victim’s need for safety,information, and voice are appropriate means ofprojecting an empathetic and caring position. As ageneral rule, officers should put themselves or a familymember in the victim’s situation. Understanding thevictim’s feelings and reacting in a supportive way canbuild rapport and trust with the victim, gain informationthat can assist the investigation, and demonstrate trueprofessionalism.c) Professionalism and Integrity. Crime victims haveexperienced a traumatic incident that shatters theirperception of personal safety, challenges their positiveviews of society, elicits feelings of mistrust and fear,and causes them to question many previously heldbeliefs. Crime victims are seeking to re-establish theirsense of stability and personal safety. Law enforcementofficers can contribute to this process by building areputation of professionalism and integrity. Aprofessional reputation is the foundation of aproductive relationship between the officer and thevictim. cont'd
c) Professionalism and Integrity. cont'd Crime victimsneed to be able to feel confident that law enforcementofficers advocate for their interests, provide a measureof safety, actively investigate crime, and assist in theiraccess to needed services. Victims need to believe thatthe criminal justice system is competent and will striveto hold the offender accountable.
Pursuant to Section 26 of the PoliceComplaints Authority Act, Chapter 15:05, thePCA initiated three investigations intoallegations of Neglect of Duty by policeofficers concerning the deaths of Abeo Cudjoeand her son, Trishana Mohammed andStephanie Calido.As it relates to the aforementioned referralsmade by the PCA, save and except for thematter of the death of SI on 16th December,2017, the Commissioner of Police has notifiedthe PCA that all referrals made pursuant toSection 30 and 44 of the PCA Act and adviceissued pursuant to Section 21(1)(d) of the saidAct have been forwarded to the relevantsenior officer for action.
The PCA has received no further update despitethe provisions of Section 3(g) of theMiscellaneous Provisions (Special Reserve andPolice Complaints Authority Act) No. 11 of 2021which amended the PCA Act and ascribes aresponsibility to the Commissioner of Police,Assistant Commissioner of Municipal Police orthe Director of Public Prosecutions to provide awritten update on any action which has beentaken or is proposed to be taken as it relates to arecommendation made by the PCA at theconclusion of an investigation.Michelle Solomon-BakshDeputy Director 17 May, 2022
AddressLevel 24, Tower D, International Waterfront Centre, 1A Wrightson Road, Port-of-Spain.Telephone(868) 226-4PCA (4722)Websitewww.pca.org.tt