A magistrate hearing the case of a 15-year-old girl allegedly bullied and threatened at knifepoint for weeks on end at school, has called out to the educational authorities to “take drastic actions” in exceptional circumstances rather than apply a “restorative justice” approach. 

In cases such as the one brought before the court, where the bully/bullies had even threatened the victim’s right to life, the authorities had to make “an exception and take drastic actions” rather than strictly apply current policies.

The appeal came at the end of a gruelling four-hour session where the alleged victim testified via videoconference against Jake Dalli Balzan, 21, who is alleged to have been dating the 13-year-old schoolgirl allegedly at the centre of the bullying. 

The alleged victim, a Form 5 student, recounted in court various episodes where she was held at knifepoint inside the school toilets by the bully and her friends, and threatened with violence unless she met their demands for money. 

The girl only opened up about her ordeal when confronted by the headmaster after her father caught her stealing money from family members and reported her to school authorities.

That was when the girl confessed she had been taking sums of money to pay the 13-year-old and her friends.

A police report was filed by the girl and her father. The girl spent days at home away from school but the bullies’ demands continued through a fake Instagram profile that she attributed to the 13-year-old.

The bully and Dalli Balzan met the alleged victim close to her Mqabba home on three different occasions to demand the money.

However, the situation escalated on November 23 afternoon, three days after the police report, when the girl was allegedly attacked by a gang of six masked aggressors.

The victim later claimed to have recognised the 13-year-old bully and her boyfriend among the gang. Following her testimony, the family’s lawyer, Jason Azzopardi, requested the court to do whatever was within its powers to address the girl’s current situation.

Although the 15-year-old wished to go back to school, she could not do so. Her parents were too concerned to let her go back and feared for her safety.

The accused’s lawyers, David Bonello and Joseph Borda, did not object to such a request but stressed that the relative authorities were to do their utmost to ensure that the alleged victim could return to school.

The court, presided over by Magistrate Kevan Azzopardi, observed that in terms of article 3 of the Education Act every person under the age of 16 had a right to education. In this case, the court heard that persons connected to the accused attended the same school as the alleged victim who was being subjected to extortion and threats.

The situation caused the girl and her parents real fear that she would not be safe if she were to return to classes. The girl had personally told the magistrate that she wished to go back but was too scared to do so.

As a Form 5 student due to sit for her MATSEC exams soon, this period of schooling was of utmost importance, observed the court.

The Department for Educational Services adopted a policy of ‘restorative justice’, formerly referred to as ‘no-blame approach’ when dealing with cases of bullying in schools. Such an approach was aimed at promoting corrective action rather than punishment.

That was why the relative authorities did not apply measures which would run counter to such a policy. The court was well aware of this. 

No right, not even a fundamental right, is absolute. Rights are to be exercised in a manner as not to detract from parallel rights of others, the court said. 

The same applied in this case scenario where both the victim and her bully/bullies had rights. 

However, in exceptional cases such as the one brought before the court, where the bully/bullies had even threatened the victim’s right to life, the authorities had to make “an exception and take drastic actions” rather than strictly apply current policies.

This was necessary to safeguard the alleged victim in such serious cases. The court was convinced that there were several measures which the Education Department could adopt to ensure that everyone might enjoy the right to education.

The court said it trusts that the department would treat this case with the urgency and priority it deserved so as to figure out a solution as soon as possible, Magistrate Azzopardi said.

The court ordered that this dictated minute would be notified to the Permanent Secretary at the Education Ministry, Director General Educational Services as well as the Child Safety Services and Anti-Bullying Services units within the National School Support Services.