A lawyer representing murder victim Nicolette Ghirxi has filed a data protection complaint against the state-run Foundation for Social and Welfare Services, accusing it of violating his late client's privacy.
The FSWS published a copy of a declaration Ghirxi gave domestic violence assessors, in which she confirmed that she was refusing a risk assessment.
It did so as it sought to refute claims that Ghirxi was talked out of undergoing a risk assessment by FSWS assessors.
The Sunday Times of Malta reported that Ghirxi told her lawyer and a friend that assessors told her that messages sent to her by her ex did not qualify as threats. That ex, Edward Johnston, would go on to kill her.
The FSWS has stridently denied those claims.
Joseph Borda, the Ghirxi family's lawyer said on Wednesday that he had reported the FSWS to the Office of the Information and Data Protection Commissioner for including a copy of the form Ghirxi filled out.
"The publication of this form is in breach of Data Protection regulations and goes against all basic ethical standards," Borda said.
Ghirxi was stabbed to death by Johnston earlier this month and had previously filed reports about him to the police as he continued to harass her after their relationship had ended.
Last week, Ghirxi's close friend and her lawyer both told Times of Malta that Nicolette had felt the professionals she dealt with when she filed the report had discouraged her from taking a risk assessment.
However, FSWS strongly refuted this, saying that the two professionals had at no point tried to talk Ghirxi down from the risk assessment and published sworn affidavits from both of them explaining in detail how their interaction with Ghirxi played out.
Included with those affidavits was a copy of a sworn declaration filled out by Ghirxi in which she stated in writing that she did not think she was at risk and therefore was foregoing a risk assessment of her own volition.
A redacted version of the declaration form filled out by Nicolette Ghirxi refusing a risk assessment"So according to FSWS, Nicolette sat for the risk assessment for the fun of it and she somehow came up with that phrase, then after she went out lying to everyone," Borda said in reaction to FSWS publishing the document.
"This is so professional FSWS. It is now clearer what happened and corroborates what was reported on Sunday - Nicolette was talked out of the risk assessment."
Ghirxi’s murder is to be probed by retired judge Lawrence Quintano, as part of an inquiry appointed by Social Policy Minister Michael Falzon.
An Independent Police Complaints Board is also to review the police force's conduct in the way the case was handled and the subsequent standoff that resulted in the police shooting Ghirxi's killer dead.
However, Borda and the Ghirxi family are insisting on the prime minister appointing an independent inquiry that would determine whether the state did everything in its power to prevent the murder.
They are also insisting that they be consulted on what the terms of reference of such an inquiry may be.
Family to meet minister to discuss inquiry
Speaking to Times of Malta on Wednesday morning, Justice Minister Jonathan Attard implied the government was open to discussing the inquiry’s remit with Ghirxi’s relatives.
“We need to talk to the family, to ensure that any aspects requiring an answer, get one,” the minister said.
The Ghirxi family will meet with Attard and others in the coming days.
Attard however pushed back against criticism of the inquiry not emanating from the OPM.
The inquiry is an independent one by a judge enjoying cross-party support, he said, and it made little difference which minister appointed it.
"The government appointed the inquiry. If a minister appointed an inquiry, isn't that the same as the government doing so?"