The government-appointed inquiry into the femicide of Bernice Cassar “tells us nothing new” but highlights the urgent need to take action on recommendations made repeatedly over the years.
That’s the general verdict of people who work in the domestic violence field and the conclusion of the inquiring judge himself.
We all know what the problems are but in practice nothing is done- Judge Geoffrey Valenzia
Retired judge Geoffrey Valenzia highlighted the lack of implementation of “countless” recommendations made over the years.
He wrote in his inquiry report: “There is countless research, documentation and recommendations regarding domestic violence, so much so that some commented that this inquiry was not needed… We all know what the problems are (delays and lack of resources)… but in practice, nothing is done and things just keep going even though it is known that the system is not working… There are many proposals, but the implementation is lacking.”
One recent report that made several recommendations to improve the way domestic violence cases are handled came from a €20,000 government-commissioned study titled ‘Perpetrators of Domestic Violence: Statistics and Perceptions of Risk Factors for Harmful Behaviour’.
Carried out by the Faculty of Social Wellbeing at the University of Malta, it was published soon after the murder of Cassar in November last year but a whole year after being completed.
Last November 22, mother-of-two Bernice Cassar was shot dead on her way to work.
She had filed multiple police reports against her ex-husband Roderick. Days before she was killed, her lawyer, Marita Pace Dimech, pleaded with police to take action against him for breaching a protection order.
Following her murder, the government appointed the Valenzia inquiry to examine whether authorities were or should have been aware that Cassar’s life was in danger and if there were any failings in implementing domestic violence law.
The government published the conclusions and recommendations of the inquiry, 10 pages of a 72-page document.
In a note dated January 17, 2023 Valenzia recommended only the publication of the conclusions and recommendations, to make sure that ongoing criminal court proceedings are not jeopardized.
Valenzia concludes that it cannot be said that what happened was the fault of one person in particular but that the whole domestic violence system did not work as it should as it did not protect someone who repeatedly asked for protection.
This was due to a lack of resources and an increased workload of police and the law courts.
‘We want action’
Andrew Azzopardi, dean of the Faculty of Social Wellbeing, said he was glad to see that the inquiry not only identified shortcomings but appealed for tangible actions to be taken.
“I believe that between the lines, the inquiry is appealing for better use of resources and improved coordination. This inquiry outcome in many ways (and this is frightening) tells us nothing new from what we have been saying these last years…
“We need major institutional changes, the dedication of resources… we need a change in mentality, especially in the patriarchal and the misogynism our communities are still so immersed in, good dedicated leadership in the social sector, more empirical data and a strong commitment towards the cause.”
Sabine Cabourdin Agius, founder and chairperson of the Fidem Foundation, which grants access to education and well-being guidance to vulnerable women, adolescent girls and children, said that “unless we have concrete action and an action plan, these inquiries are there for nothing.”
Apart from the need to invest in those departments that deal with domestic violence victims, such as police and the courts, she called for an overhaul in the education system that fuels a patriarchal society.
She said an awareness campaign was also needed to shed light on the reality of domestic violence, with data showing that one of four women in Malta are victims.
Lara Dimitrijevic, director of the Women’s Rights Foundation, said it was also time for action, adding there is “no will to actually work on implementation”.
Inquiry conclusions
• Increase resources within the police’s domestic violence unit and the law courts and the shortage of social workers.
• Appoint a second magistrate to deal with domestic violence cases. More domestic violence sittings ought to be held and cases should be filtered so the most urgent are heard before.
• Have better coordination between the Family Court and the Magistrate’s Courts to avoid circumstances where, as happened in the Cassar case, the magistrate’s court issues a protection order while the family court grants three weekly access visits (of the children) to the perpetrator.
• Update the definition of domestic violence in the law since it is too broad, leading to a caseload increase. At the moment violence committed by anyone living in the same home, including flatmates, is considered domestic violence.
• Introduce a triage system to filter domestic violence reports made to police. All domestic violence cases reported at police stations are referred to the police headquarters in Floriana. A triage system would ensure urgent cases are dealt with first at the headquarters.
• Establish long-promised hubs, in the north and south of the island, with teams specialising in domestic violence. This requires resources. The headquarters are not the ideal place to deal with such cases.
• Revise or replace the DASH – Domestic Abuse, Stalking and Honour Risk Identification – risk assessment tool as the assessment is often carried out for nothing. (Bernice Cassar had ranked medium risk). Those carrying out the assessment ought to be better trained.
• Issue protection orders not only on the request of the victim, as often happens, and take immediate action if the perpetrator defaults. Electronic tagging is being considered to keep track of protection orders.
• Make police training on domestic violence mandatory. At the moment it is optional.
• Give treatment orders to perpetrators and monitor their progress.
• Educate the public to eradicate cultural misogynist beliefs.