The mother of a domestic violence victim, who was murdered five years ago by an abusive, jealous, possessive ex-boyfriend after failed attempts to get help from the police and the judiciary, has filed a novel lawsuit seeking to get justice for her daughter and to “ensure this never happens to anyone in this country again.”
To date, the State has not yet responded to the claims made by Tot Lampkin, 58, of Upper L’Anse Mitan Road, Carenage.
The legal action comes on the heels of recent incidents of domestic violence where three women and a 12-year-old boy – Abeo Cudjoe and her son, Stephanie Calbio and Krishana Mohammed – were murdered and their relatives have claimed neglect of duty by the police to take action against the offenders which could have prevented their deaths.
The Police Complaints Authority (PCA) has commenced separate investigations in those matters and can make recommendations to the Commissioner of Police to take disciplinary action against officers if there is evidence to support the claims.
Lampkin wants the High Court to rule on several declarations which claim Samantha Stacey Isaacs’ constitutional rights were infringed by the failure of state agents to act which deprived her daughter of the right to life, security of the person and equality before the law.
[caption id="attachment_955991" align="alignnone" width="1002"] Samantha Isaacs -[/caption]
The lawsuit also seeks declarations that Isaacs was subjected to cruel and unusual treatment, without respect for her family life, without equality of treatment from public authorities and the actions of the state agents amounted to discriminatory treatment.
The lawsuit which was filed on September 21, 2021, is scheduled to come up for hearing before Justice Robin Mohammed, at the Hall of Justice, in Port of Spain on May 24. The Office of the Attorney General, which represents both the police service and the judiciary, has requested more time to respond to the claims after missing court deadlines on three occasions.
The case, if successful, can open the way for other victims of domestic violence to take action against the state and get compensation for the failure of law enforcement and judicial authorities to take action to protect victims.
Senior Counsel Douglas Mendes leads Clay Hackett for Lampkin while Fyard Hosein, SC, and Rishi Dass are representing the state.
On Friday, Lampkin said goodbye to her son who died in a boating accident recently.
To support her claims, Lampkin has produced receipts of police complaints, transcripts of hearings before two magistrates and a detailed account of the torturous life her 26-year-old daughter lived before she was shot in both legs and behind the head by Kahriym Garcia on December 16, 2017, and left on the roadway in Carenage. Before she died she named her attacker. Garcia, 31, fatally shot himself as police moved to arrest him that same day.
On the same day of her murder, Isaacs reported to the St Clair police that
