A backlog of domestic violence cases means some victims are having to wait for months on end until their aggressor is summoned in court, despite the appointment of a second magistrate to deal with such cases.

One particular victim filed a domestic violence report with the police in October only to receive a summons to appear in court in January 30, 2025, 15 months later.

According to official figures, there are 2,283 domestic violence cases pending before the two magistrates assigned to handle domestic violence cases.

The issue of delayed domestic violence cases came to the fore following the murder of Bernice Cassar who was shot dead on her way to work one year ago. She was awaiting a court hearing at the time of her murder, allegedly at the hands of her estranged husband.

Cassar had filed multiple police reports against her ex-husband. Days before she was killed, her lawyer pleaded with the police to take action against her ex-husband for breaching a protection order.

“This (backlog) situation is the same,” the victim’s lawyer, Marita Pace Dimech told Times of Malta. “A year on, and despite the recommendations of the inquiry, the situation is the same. Where are the domestic violence hubs we were promised?”

A year on, and despite the recommendations of the inquiry, the situation is the same. Where are the domestic violence hubs we were promised?- Victim’s lawyer, Marita Pace Dimech

The issue was also flagged by Nationalist Party MP David Agius in parliament this week after a concerned family member reached out to him.

“She thought the date was a mistake   and went to the police station to query it but the police informed her that it was not in their hands but the courts,” a family member told Times of Malta.

The woman filed a domestic violence report after her husband broke down the door of a room where she and her family members were staying. The man was reported to have shouted at and threatened his wife.

“She is frightened and scared of him. She leaves their home every time he arrives and she sleeps in another room with the door locked.”

The family member said the couple are currently going through a separation and the victim suffers from emotional abuse.

“I reached out to (MP) Agius because I was shocked when I saw that the case is summoned for 2025. Why is this situation not being taken seriously? We already saw a case like Bernice Cassar. We see how a person’s mind can change drastically. I know that this family member is not the only one in this situation.”

12% of pending cases related to domestic violence

According to official figures, at the end of October, Magistrate Lara Lanfranco had 2,266 pending cases while Magistrate Astrid-May Grima had 17 cases pending before her. Until the end of October, 210 domestic violence cases had been decided and 28 new cases were added on.

There are 18,767 criminal cases pending.

Earlier this year, the justice ministry appointed Magistrate Abigail Critien to support the domestic violence caseload that previously fell solely on Magistrate Lanfranco, yet, according to court statistics, Critien no longer dealt with domestic violence cases as from September.

She now handles cases involving crimes committed by minors and maintenance and custody – with more than 1,000 cases pending.

Despite describing Magistrate Lanfranco as “hardworking”, Pace Dimech explained that the significant backlog is due to a number of reasons, with the legal definition of domestic violence being too broad.

“What is most concerning is that many victims give up waiting for their case to be heard in court and decide to drop criminal charges,” she said.

In July, the government greenlighted a law to allow people to check if their partners have a history of domestic violence abuse.

The service, provided by Victims Support Agency Malta, forms part of a new law ‒ the Domestic Violence Prevention Bill.

People in an intimate relationship who suspect that their partner might turn abusive or aggressive towards them may file a report with the Victim Support Agency to inquire whether they have ever been found guilty of domestic violence.

In the past four months, the Victim Support Agency recorded seven requests.

“However, not all were eligible to proceed,” a spokesperson from the agency said, without providing further details.