Nicolette Ghirxi’s relatives are this morning expected to tell three cabinet ministers that they will continue to call for an independent inquiry into her murder.

Accompanied by their legal representatives, Ghirxi’s siblings are expected to meet Justice Minister Jonathan Attard, Home Affairs Minister Byron Camilleri and Social Policy Minister Michael Falzon at the family affairs ministry.

Lawyer Joseph Borda told Times of Malta that neither the police complaints board nor the inquiry announced by the minister for social policy are enough to establish if and how the State failed Ghirxi.

“Only an inquiry set up by the prime minister can conduct an all-encompassing investigation because article 4 of the Inquiries Act clearly states a minister can only appoint an inquiry concerning a department or statutory body or service, for which he is responsible, whereas the prime minister can appoint a wide-ranging inquiry,” said Borda.

Ghirxi was murdered late on Sunday, August 11, by her former boyfriend Edward Johnston in her Swatar apartment. Johnston was shot and killed by police after a three-hour stand-off.

On April 22, Ghirxi had filed a domestic violence report against Johnston but never took a risk assessment. Johnston had previously been involved in two separate police stand-offs in Glasgow and Liverpool in 2012.

Borda says Monday's meeting was only scheduled after he personally reached out to the prime minister on August 22.  

He says Ghirxi’s family would like an independent inquiry to establish a wider scope, including, but not limited to, the presence of Johnston in Malta. 

They also want to be involved in drafting the terms of reference of the inquiry.

Borda insists that the investigations announced so far are limited and will never lead to a proper understanding of what happened.

“This is our main bone of contention. The inquiries announced so far will not give the family the answers they seek.  Let’s remove the straightjackets and allow a proper inquiry to shed light on whether the State did everything in its power to prevent Nicolette’s murder,” he said.

Borda bases his arguments on the Inquiries Act (chapter 273), according to which an inquiry set up by a minister can only look into matters involving “the conduct or management of any department of government or any statutory body” but only “insofar as the matter of the inquiry concerns or affects a department or statutory body or service for which he is responsible or in respect of which he has powers.”

On the other hand, an inquiry set up by the prime minister can look into any governmental department or body, and their officials, irrespective of the ministry they belong to.

“We have been saying all along: let the police and the ministry conduct their own internal affairs but this is not what the family wants,” said Borda.

On August 19, nine days after the murder, the Office of the Prime Minister told Times of Malta that the Independent Police Complaints Board, chaired by retired Judge Geoffrey Valenzia, had been tasked with assessing the implementation of the recommendations arising from the report of the inquiry published on February 23, 2023. 

“The board will also review the conduct of the Police Force concerning established standard operating procedures and relevant legislation.”

This development took place after Times of Malta established that Johnston mocked the police when they summoned him for questioning as he continued to harass his victim.

Last Wednesday, the social policy ministry launched an inquiry “to determine all the facts and circumstances regarding what professional help was given to Ghirxi, whenever she requested for help”. 

The inquiry board, led by retired Judge Lawrence Quintano, will also examine the risk assessment procedure.

FSWS came under fire last week after one of Ghirxi’s close friends and her lawyer told Times of Malta that she had been talked out of taking a risk assessment by the risk assessors.

Times of Malta published the transcript of a voice note delivered by Ghirxi to her friend.

Dated April 22, and sent soon after she reached home after filing a domestic violence report at the police headquarters in Floriana, Ghirxi states that “[he] didn’t do the risk assessment because he told me there are no threats but insults. He told me that [the assessment] would score zero, kind of.”

FSWS denied that its employees discouraged Ghirxi from taking a risk assessment and published affidavits from the two risk assessors present on the day that Ghirxi went to file a report. 

Borda hit back: “Although the victim had sought refuge in the State entities and its legal framework, yet she was still murdered, the family was totally ignored and the police and FSWS were more interested in setting up their own internal inquiries while they continue blaming the victim.”