[WATCH] Domestic violence plague has people asking if the police is doing enough: Angelo Gafà replies

Nicolette Ghirxi, 48, became the latest domestic violence victim to die at the hands of her aggressor, an ex-partner.

The shocking femicide has once again raised questions on how prepared the country’s authorities are in preventing such cases.  

Following her murder, details emerged in the media on how Ghirxi had reported the aggressor to the police in April of this year. Her lawyer revealed on Thursday how her would-be murderer, Edward William Johnston, had laughed off the police’s request for a meeting on a report filed against him by Ghirxi. 

Addressing a press conference following the murder, Police Commissioner Angelo Gafà explained how the Thursday before the murder, Ghirxi told authorities that Johnston could be in Malta after returning from some time abroad. 

Many NGOs and the Opposition have called out the police for their failure to act on the warnings, saying domestic violence was not being treated seriously.  

MaltaToday spoke to leading women’s rights activist and lawyer Lara Dimitrijevic and the Police Commissioner to understand better what is working and what isn’t in the country’s bid to stamp out domestic violence.

Law and enforcement: A totally different ballgame  

Lara Dimitrijevic, a frontline activist against gender discrimination, said the country has made big strides froward when it comes to legislation, but said access to protection is not so readily available.  

Women’s rights activist and lawyer Lara Dimitrijevic

“I try to distinguish between law and enforcement. We have improved the law on paper, but when it comes to protection, it is not accessible,” she said.  

The lawyer said that for victims of domestic violence to be protected from their abuser, they must pass through a legal process, and only then can they achieve legal protection.  

“Victims have to pass through the legal process, have police investigate the case and charge the aggressor, and it is only then that the request for a restraining or protection order is made,” she said. “Victims have to always depend on the authorities for this kind of protection, and this cannot continue.”  

On the other hand, the Police Commissioner defended the force’s approach, saying that following the inquiry into the circumstances that led to Bernice Cassar’s murder, several reforms have been enacted. 

Walking us through the Santa Luċija domestic violence hub, he said the police deals with these cases through a multi-stakeholder approach.  

The police’s domestic violence hub in Santa Luċija where victims are spoken to in a more welcoming environment (Photo: James Bianchi/MaltaToday)

“I understand the criticism and accept it, but this is a multi-stakeholder approach. We are at the Santa Luċija domestic violence hub, and you do not only find police officers here, but you also have Aġenzija Apogg risk-assessors,” Gafà said. “These are concepts which the police have adopted from best practices internationally. But despite all these best practices, I unfortunately have never come across a country which had no domestic violence cases.” 

He stated victims who come forward are assessed and listened to in a welcoming and more serene environment, and the force has continued to invest resources into the unit. “This department started off with 20 officers, which has now increased to 60. This is one of the biggest units, reflecting how we have prioritised this issue. We are also training and increasing awareness among our police officers as when the victim chooses to lodge a report at a police station, officers must be prepared and equipped to handle the case.” 

He said two types of assessments are carried out: a preliminary risk assessment by the police, and a risk assessment carried out by state agency Appoġġ. The police adapt its approach according to those risk assessments. 

It has emerged that Ghirxi had refused to undergo the detailed risk assessment procedure despite being approached by social workers from Appoġġ. The Foundation for Social Welfare Services, responsible for Appoġġ, said in the wake of the murder that its clients still have the right to self-determination and in some instances refuse to undergo the risk assessment. 

But Dimitrijevic still feels the responsibility is being shouldered by victims of domestic violence.  “The system right now puts the responsibility on the victims, on whether they should undergo risk assessment, but it should not be so. Professionals must carry out continuous risk assessments once the reports are lodged,” she said.

Has the state failed victims of domestic violence? 

Questioned on details about the case and how Ghirxi had lodged a report warning the police about Johnston’s potential arrival in Malta, Angelo Gafá said he would not get into specifics due to the sensitivity of the case and an ongoing magisterial inquiry.  

“People might ask ‘what happens if the victim does not want to be assessed’? The police, while not having a scientific risk assessment, carries out a preliminary assessment. Last year we had over 2,000 reports; this year we had an increase of 12% when compared to the same period last year. We carry out the risk assessment to categorise the reports according to risk. Based on the risk assessment, the necessary action is then carried out,” he said. 

Nicolette Ghirxi (inset) was murdered at her Birkirkara apartment by an ex-partner (Photo: Kurt Sansona/MaltaToday and Facebook)

On the social media post uploaded by Ghirxi’s lawyer, where the aggressor laughed off the police’s request for a meeting, the Police Commissioner once again said he would not be getting into specifics, “but said everything revolves around the victim’s risk, and not the aggressor’s attitude.” 

“In a lot of the work we do, the police do not meet a lot of people who are forthcoming with us, but that is the job. Yes, there are international tools, but they must be used according to the protocol dictated to us,” he said. He would not delve deeper into the issue.  

On the other hand, Dimitrijevic feels the police could have done more.  

“If the victim in this case decided against the risk assessment, but still felt the need to tell the police that he [Edward William Johnston] had arrived in Malta, that is a red flag, and it is up to the police and the authorities to follow up,” she said.  

She insists the country’s authorities have to go beyond a “box-ticking approach” when it comes to reforming the sector. 

“We have improved, and the law has been changed to the better, but we cannot stop there. We cannot just change the law but must also adopt a holistic approach to the problem,” she said. “We need to educate and teach against the problem from a young age.”

A culture of misogyny 

Analysing the conditions which led to Ghirxi’s murder, Dimitrijevic feels it is symptomatic of a wider culture of misogyny.  

“You look at the videos he uploaded and his narrative, and it is so similar to what we are seeing across society. It is a narrative which has been enforced by people like Andrew Tate and Donald Trump,” she said. “It has continued to grow and fester slowly, and it is dangerous.” 

One of the country’s leading voices against gender discrimination, she said even she has been targeted for her views. “If I speak to a newspaper on anything related to my activism, you have people bashing me personally, and sometimes even threatening me,” the lawyer said. “We need a zero-tolerance approach on this kind of narrative.”  

But there seems to be some hope, with the police registering a year-on-year increase in domestic violence victims coming forward to report their abuse.  

According to the Police Commissioner, the number of reports received by the police has steadily increased over the years, with 1,675 reports in 2021, 1,753 in 2022, and 1,979 in 2023. As of the end of July 2024, there have already been 1,264 reports. 

“We are not perfect, and we are one of the biggest entities in the country, but we have made progress. We have been recognised locally and internationally, but as I said the police do not operate in a vacuum,” Gafà said.  

He also called on victims to seek the services available to them, such as the service provided by the Victim Support Agency Malta, which 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 can file a report with Victim Support Agency to inquire whether they have ever been found guilty of domestic violence.