MCWO welcomes Police Commissioner’s call to amend legislation

Following the murder of Christina Sammut, the mother of one who was shot in Zebbiegh by her former partner, several organisations and individuals have been calling for changes in the domestic violence legislation.

Police Commissioner John Rizzo has also called for the law to be amended in order to regulate how urgently such cases are treated by the Family Court.

The need for changes in the law, which is the only shield for countless abused victims, has also been highlighted by United Nations gender equality experts in recommendations submitted to the Malta Government in November 2010, the MCWO said.

“Police can only treat a reported case as urgent and arraign the alleged perpetrator if the legal conditions for urgency are met,” the organization explained.

”One of these conditions is that police need to have reasonable grounds to believe arrest is warranted to protect a vulnerable victim. But what constitutes reasonable grounds can be very subjective according to an individual’s perspective.”

Whilst acknowledging the heavy workload the police face, the MCWO said it cannot but question the criteria or lack of them upon which the police base their judgment in deciding what constitutes a reasonable threat.  

“It is this weakest link in the process of protecting those that fall victim to the trauma that is domestic violence. Whilst we fully support the Commissioner’s call for changes in the law, we cannot but point out that before the law can truly be enforced, there needs to be a system or mechanism that reliably ‘grades’ a reported case as one of urgency,” the organisation said.

MCWO reminded that it is only after the case has been graded as serious and urgent, that the police can arrest the alleged perpetrator and take him to court within 48 hours. 

“It is then that the courts have an important role to play to hear the case with urgency,” the women’s organisation said.

MCWO reiterated there is an urgent need for a risk assessment protocol that police officers in police stations can rely on when determining what constitutes an ‘urgent’ report or otherwise. 

“This is of utmost importance- particularly in highly sensitive cases of domestic violence that involves individuals who are traumatised, at risk, and often have nowhere to go,” MCWO said.

“This exercise can be undertaken in no time and may prove to be an immensely effective tool to save lives like that of Christina Sammut.”