Latest update February 1st, 2025 6:45 AM
Apr 09, 2017 News
Prosecutors have the power to ensure that perpetrators of domestic violence (DV) against women are held accountable and to ensure that victims are safe. In fact, the protection of abused victims should be of the highest priority.
To fulfill this mandate, prosecutors must be exposed to all the necessary training that will better equip them to efficiently prosecute these sensitive matters whether it is for a simple case of assault or threatening behaviour or the more serious offence of attempted murder.
Effective prosecuting will result in a high conviction rate of perpetrators and most important, greater safety for victims.
However, a recent survey conducted by Attorney-at-Law Chandrawattie Persaud on the prosecution of perpetrators of domestic violence against women at the Georgetown Magistrates’ Courts between 2013 and 2014 indicates that these essentials are lacking.
The survey found that police prosecutors are calling not only for specialized training but for victims to be sensitized. This, the prosecutors emphasized, will overcome barriers in the successful outcome of these matters.
The survey showed that 17 percent of the prosecutors had three years of service as a prosecutor and had some form of specialized training.
It further revealed that 83.3 percent of the prosecutors stated that they only received training at the Felix Austin Police College and listed their training as on the job training.
Acknowledging that police prosecutors are not Attorneys-at- Law, a police prosecutor told Kaieteur News that police ranks would undergo a six week crash course and one year certificate course in prosecuting. During the one year course, the Police Corporal revealed that officials from the law department at the University of Guyana, the chambers of the Director of Public Prosecutions (DPP) and the chambers of the Attorney General (AG) would train police ranks.
However, the prosecutor stressed that training without constant monitoring and evaluation will go to naught. To this end, he stressed the need for more specialized training for prosecutors in order to achieve higher success rates in prosecution. In the meantime, he is urging colleagues to make it their priority to do research and to analyze case files.
Speaking specifically on the prosecution of domestic violence (DV) matters, a Police Inspector, who is a police prosecutor, explained that there is no major difference in prosecuting DV matters as opposed to other matters.
However, the Police Corporal said that DV matters are more sensitive and that prosecutors should be able to build a rapport with victims. He also added that these matters should be disposed of in an effective and timely manner.
According to the Police Corporal, prosecutors should always brief their witnesses.
“Victims should be protected from the defendant and anyone associated with the defendant. These persons often accompany the defendant to court to intimidate the victim. This is a method of witness tampering and charges can be filed against wrongdoers.”
When questioned about the challenges he has encountered which affect the successful outcome of DV matters, the prosecutor noted that female victims of domestic violence would not offer evidence against the abuser because of fear of retribution.
The Police Corporal said, “Some of the victims are embarrassed to tell their stories in open court because of the level of violence meted out to them. Some of them are fearful that the abuser might threaten to kill them if they offer evidence during the trial stage or upon the perpetrators’ release from prison if convicted.”
“Some of them (victims) would turn up in court and refuse to offer evidence against the defendants,” the prosecutor said although the Evidence Act gives the court power to compel them to do so.
He continued, “Some of them (victims) feel they have no other alternative but to depend on him (defendant) for money and housing and may not go ahead with proving the offence.
Some of them would also come to court and request counseling and based on probation the report, the court would make a decision on whether to dismiss/discharge the matter or to proceed with trial.”
Meanwhile, a third police prosecutor highlighted that the relevant authorities should consider providing alternative homes to victims and also financial support.
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