The family of Bernice Cassar have been authorised to intervene in proceedings filed by the murdered woman’s husband, Roderick, challenging the new femicide law which he claims to be highly discriminatory, sexist and counterproductive.
Relatives of the mother-of-two, who was assaulted and shot outside her workplace at Corradino Industrial Estate last November, had filed an application in the name of Joseph Cilia and other family members, requesting intervention in the constitutional case. Roderick Cassar’s lawyers immediately flagged their objection to the request when the court was informed last month.
Roderick Cassar became the first person to be charged with the aggravated crime of femicide which was introduced under the Criminal Code a year ago, thus making him liable to a harsher punishment.
He is pleading not guilty to the wilful murder of his estranged wife.
While criminal proceedings continue, his lawyers filed separate proceedings before the First Hall, Civil Court in its constitutional jurisdiction arguing that in terms of the new amendment the accused was placed at a disadvantage simply because the victim was a woman.
It logically followed that the murder of a man was now considered less grievous than that of a woman, when all parties in the same identical position should be treated equally.
The new law, they argued, also eliminated the possibility of the defence pleading “sudden passion” when one or more of the aggravating factors subsisted and the crime fell within the concept of femicide.
When the case resumed on Thursday, the court, presided over by Madam Justice Anna Felice, decreed that after taking note of the replies filed by the victim’s family and the State Advocate, the request to intervene was “justified.”
The case continues in October.
Lawyers Arthur Azzopardi and Franco Debono are assisting the applicant.
Lawyers Julian Farrugia and Corinne Pace appeared for the State Advocate.
Lawyers Marita Pace Dimech, Rodianne Sciberras and Anne Marie Cutajar are assisting the victim’s family.