Domestic court idea backed by charity

(CNS): Proposals for a domestic court set out by the criminal justice advisor Claire Wetton in her recent report on the local criminal justice system have won support from a charity dealing with victims of domestic violence because they say it will lead to more successful prosecutions. The Cayman Islands Crisis Centre has offered its backing to the proposal for a specialist domestic court to fast track cases, better protection for witnesses and victims, as well as the call for allowing other people to testify when victims retract their statements.

Speaking on behalf of the CICC, the board’s chair Denise Gower said that evidence from other jurisdictions supports Wetton’s position and that cases dealt with more quickly would “lead to fewer retracted statements and a higher level of justice”.  Gower said that allowing ‘hearsay evidence’ when victims retract and separate waiting rooms for victims and perpetrators could make a significant difference in the number of successful prosecutions.

Wetton found in her report that witnesses across the board are not well managed or protected in the Cayman Islands criminal justice system and this has an even greater impact on the victims of domestic violence.

“There is little by way of witness care at the court and the police do not have a witness care unit,” Wetton wrote in her report. “This was particularly apparent at court, as there is no separate waiting area for victims and witnesses and they often sit in the same waiting area as the defendant and his/her supporters outside of the courtroom.”

Recommending possible immediate solutions, such as using an interview room, she said in the long term a dedicated witness waiting area, separate from the defendants, was needed.

Gower agreed that this is a significant problem for the victims in such cases.

“When you think that people who live in abusive relationships are coerced and bullied constantly, it is reasonable to understand that the brave woman who goes to the courthouse on the scheduled day determined to give her testimony might be convinced otherwise when faced with her abuser and his supporters in the waiting room,” she said, as she offered her support to Wetton’s recommendations.

Wetton also raised concern over the more general lack of witness care in domestic cases and the delay in bringing those cases to courts, as she said it had a direct impact on the progress and subsequent outcome of those cases. As a result, a sub-group has been established from the new Criminal Justice Board to consider the issues involved at an operational level. It will now examine ways to expedite domestic violence and cases involving child witnesses and the feasibility of a dedicated domestic violence court.

“The time taken to prosecute domestic violence cases often means that by the time the case has reached the summary court, the victim wishes to retract and this generates adjournments whilst retraction statements are obtained and the case is reviewed by the DPP,” she said, noting that a zero tolerance policy in relation to domestic violence sees all cases go to court in the first instance, but once the victim retracts the cases are dropped.

“A dedicated domestic violence court where cases can be fast tracked, with the cases being listed within twenty-four hours of the complaint would reduce the number of retractions and delay in the process, which can be a number of weeks before the case is charged,” the advisor wrote. “There have been successes in domestic violence prosecutions in England and Wales, due to effective investigations and prosecuting cases without the victim giving evidence,” she stated.

Wetton explained that the admissibility of hearsay evidence in criminal proceedings could be adopted in the Cayman courts as part of legislation to support domestic violence prosecutions. The advisor admitted that prosecutions without a victim are challenging but allowing those who have seen the victims abused to testify in domestic cases can still lead to successful prosecutions.

Gower, who agreed with Wetton, pointed to many reasons why victims often retract their evidence. She also believes that more people abused in domestic circumstances would pursue prosecutions if they happened quickly. Fear, embarrassment, low self-esteem and the love victims usually have for their abusers can all compound and lead to retractions if victims have to wait many months for hearing dates.

“It robs the victim of a sense of hope for the future, the sense that the judicial system cares about her and her children,” said Gower, who offered full support for the necessary legislative and operational changes.

If you or someone you know is being abused – whether psychologically, physically, sexually, verbally or emotionally – call our 24-hour confidential emergency hotline at 943-2422.  The Crisis Centre accepts calls from everyone and can help you to find a path to a life free from violence.