In January 2021, two women were brutally killed in Malta and Ireland, two countries on opposite sides of the European continent. Paulina Dembska was cornered, raped and killed at Sliema’s Independence Gardens on January 2, 2021. Ten days later, Ashling Murphy was killed as she jogged along the banks of a canal in the Irish midlands. Both women simply happened to be at the wrong place at the wrong time.
Both cases sparked a collective sense of grief with vigils held in Ireland and Malta.
Fast-forward to the present and the contrasting progress in the legal proceedings for the accused men underscores a critical issue plaguing Malta’s justice system.
Murphy’s killer, Jozef Puska, was convicted last November and handed a life sentence, providing some semblance of closure to her grieving family and the Irish community.
In stark contrast, the case against Abner Aquilina, the alleged murderer of Dembska, remains ensnared in the protracted compilation-of-evidence phase. Last week, Dembska’s family shared the agonising pain of reliving the trauma through lengthy court proceedings, saying that true closure can only be achieved when the accused is sentenced.
Her eldest brother, Łukasz Dembski, told Times of Malta: “The case is taking too long. We all know who took the life of our sister. I have the impression that the accused received more psychological help than our entire family.”
The family has no choice but to relive the nightmare repeatedly, sitting through or reading the horrific court testimonies. And there is no end in sight.
The slow-moving wheels of justice, often exacerbated by weak investigations and never-ending magisterial inquiries, are now a chronic problem. It is also the trademark of a country weighed down by bureaucracy and misplaced resources.
The Maltese government appears to be acknowledging the need for reform – proposed amendments to shorten the compilation-of-evidence stage to one year would do wonders to trim down the duration of court cases.
The White Paper introduced last May seeks to empower the attorney general to expedite cases when the penalty does not exceed 12 years. One key aspect of the reforms is the elimination of the ‘referral’ process, a bureaucratic hurdle that often prolongs the compilation phase.
But there are major concerns whether any proposed changes can be done in practice. The shortage of judges and the limited facilities available for trials by jury pose significant obstacles. So too does the limited pool of talented prosecutors at the Attorney General’s Office, which has been decimated by a series of defections and promotions.
Unless the government invests heavily in judicial resources and infrastructure, any proposed changes will sadly remain on (white) paper and justice will continue being delayed. And until that happens dozens of families will continue suffering in silence: Lassana Cissè was gunned down in 2019 for being black – his alleged killers are out on bail, awaiting trial. Eleonor Mangion Walker was found dead in 2016, her body dumped under wooden pallets in a warehouse. The accused is still awaiting trial by jury. Daphne Caruana Galizia was killed in 2017 for doing her job. The triggermen have been convicted but the man charged with conspiring to kill her is still sitting through the reopened compilation of evidence.
There are too many cases to chronicle here. Swift and fair justice is not only a right for the victims and their families but also a cornerstone of a functioning and compassionate society.
The comments made by Dembska’s family last week are a poignant reminder that justice delayed is justice denied.
Malta and Ireland may be located at opposite sides of Europe but geographical distance should not translate into a significant gap when it comes to the pursuit of justice.