Domestic Violence:
A Laughing Matter in Magistrate's
Court
The Observer, January 18, 1997
itting in on a trial for domestic violence
on Monday 13 January, one was left with the distinct impression that if violence
occurs within a "romantic" relationship it will not be taken seriously
in St. Kitts. The sentence imposed, as well as the frequent laughter heard during
the trial both point strongly to this conclusion.
The case involved a man who was accused of wounding his girlfriend in November
of 1996. The woman who was beaten testified that she had been punched so
hard that she lost control of her bowels. The man, who was very drunk at
the time, then forced her to eat her own excrement. The woman was taken
to the hospital where she was treated for bruises and a cut on her face.
Defence attorney Fitzroy Bryant questioned the woman about why she didn't
fight back against the man, though he was obviously much bigger and stronger.
Bryant questioned his client about whether they had a stormy relationship.
When the man answered "yes and no," Bryant smiled and said "I
know what you mean." The defendant cried in the back of the courtroom
during the testimony of her accused assailant.
The man told a story of coming home from a bar drunk, and said his girlfriend,
who had also been drinking, "pulled my hair, bit me and grabbed my
balls." In order to stop her, he told the court that he hit her. He
admitted that he wasn't aware that she later went to the hospital.
In closing arguments, Bryant called the incident "a lover's spat,"
adding "when I was younger, I had a few." After admitting that
his client "went a bit too far" and stating that "I don't
condone that behaviour at all," Bryant asked for leniency, requesting
Magistrate Dr. Haynes Blackman "to give him a good warning." For
his closing argument, Police Prosecutor Frederick Gillard said simply, "the
facts speak for themselves."
The man was charged with Wounding and faced a maximum sentence of six months
in prison. After stating that the complainant contributed in some way to
what happened that night, Dr. Blackman sentenced the man to a three months
bond of $450, meaning that he would receive his money back after three months
if has no further dealings with the court during that time.
The woman was very upset outside the courtroom, saying that since the case
had already been adjourned twice she had almost given up on it. However,
she decided to follow through as a statement that incidents of domestic
violence should be dealt with seriously. She called the man's story of her
assault on him "a lie" and openly questioned why the prosecutor
hadn't introduced police photos to demonstrate how badly she had been beaten.
One also wonders why the prosecutor didn't point out the discrepancies in
the descriptions provided by the defendant and the accused.
Director of Women's Affairs Rosalyn Hazelle, who had offered counseling
and support to the woman, was angry about the decision. "Where are
we going with this? How do we expect men to realize domestic violence is
a crime?"
The case clearly points to the need for reform in the way such cases are
handled by the legal system. The recent training of police officers is a
valuable first step. Expanding such educational efforts to include lawyers,
magistrates and judges would be a valuable follow-up. However, until a comprehensive
effort is made to eliminate the deeply-rooted belief that violence against
women is acceptable in the home such cases will continue to dismay the public.
Victims of Domestic Violence can call the Ministry of Women's Affairs at
465-2521 for assistance, and the Police at 465-2241.
