The family of murdered woman Bernice Cassar has filed an application requesting to intervene in constitutional proceedings filed by the deceased’s husband, Roderick, challenging the new femicide law which he claims to be highly discriminatory, sexist and totally counterproductive.

Family members of the mother-of-two, who was assaulted and fatally shot outside her workplace at Corradino on November 22 last year, were present in court on Thursday at the first hearing of the constitutional proceedings filed by the man accused of her murder. 

Roderick Cassar became the first person to be charged with the aggravated crime of femicide which was introduced under the Criminal Code last June, thus making him liable to a harsher punishment. 

Last month, his lawyers filed an application before the First Hall, Civil Court in its constitutional jurisdiction claiming that under the new law 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 legal amendment also removed the possibility of the defence pleading “sudden passion” when one or more of the aggravating factors subsisted and the crime thus fell within the concept of femicide. 

When the case got underway on Thursday, the defence were informed about the request by the victim’s family to intervene in the proceedings. 

They had filed an application in the name of Joseph Cilia and the other members of Bernice’s family to that effect. 

Cassar’s lawyer, Franco Debono, immediately declared that they were objecting to the request but would detail reasons for their objections in a written reply to be filed in the records of the case within 10 days. 

The court, presided over by Madam Justice Anna Felice, is expected to decree on the matter in chambers. 

When the hearing was nearing an end, the applicant was escorted to the courtroom from the lockup by armed security guards. 

In view of his late appearance, the judge minuted that the applicant had a right to be present on time for his constitutional case, drawing the attention of the prison authorities to that effect. 

The case continues in June. 

Lawyer Julian Farrugia represented the State Advocate. Lawyers Franco Debono, Arthur Azzopardi, Marion Camilleri and Jacob Magri are assisting Cassar. Lawyers Marita Pace Dimech, Rodianne Sciberras and Ann Marie Cutajar appeared on behalf of the victim’s family.