No evidence police failed in protecting Nicolette Ghirxi, complaints board concludes

An investigation by a police complaints board found no evidence that the police failed to take reasonable measures within their powers to prevent the murder of Nicolette Ghirxi.

The home affairs ministry has published the conclusions of the inquiry led by the Independent Police Complaints Board, chaired by retired Judge Geoffrey Valenzia. The inquiry was requested by the ministry to scrutinise the implementation of recommendations from a previous inquiry related to the killing of Bernice Cassar.

According to the report, Ghirxi had emailed police three days prior, expressing concern after seeing Johnston on Tinder, suggesting he had returned to Malta. Although Ghirxi had previously reported harassment in April, she declined a risk assessment, believing she wasn't in danger.

The police were aware Johnston was abroad and placed him on a wanted list. However, when Ghirxi reported his return, police did not have sufficient grounds for arrest and could only have summoned him for questioning.

The PCB absolved the police, stating they acted within their powers and had no evidence of an imminent threat. The board also noted that victims often underestimate danger, reducing the urgency of police response.

In its report, the board said the circumstances of Ghirxi’s case differ from those of Bernice Cassar, even though the outcome (murder) is the same.

Cassar was murdered by her estranged husband on 22 November 2022 as she drove her car behind the MCAST campus in Kordin while on her way to work. She was shot three times and died on the spot. Her murder shocked the country moreso because she had reported her husband for domestic violence multiple times and also obtained a restraining order from the courts against him. 

Meanwhile, Ghirxi was killed by her ex-partner Edward Johnston in her Birkirkara flat, her body found in the early hours of Monday 12 August. Her murder also sparked widespread debate on whether the police force has the necessary means to prevent femicides and other forms of gender-based violence.

However, the inquiry board said that unlike Cassar’s case, Ghirxi’s situation did not present many red flags, and the patterns of behavior were not similar.

The inquiry examined the actions of the Police Force regarding domestic violence, gender-based violence, and the enforcement of relevant laws and procedures.

This inquiry is separate to that set up by the social policy ministry.