Inquiry blames ‘lack of resources’ for State’s failure to protect murder victim Bernice Cassar

Updated at 8:20pm with PN reaction and full inquiry report 

A retired judge has blamed "lack of resources" and an "increased workload" for the State's failure to protect domestic violence murder vistim Bernice Cassar.

The main findings of the inuiry were divulged by Justice Minister Jonathan Attard and Home Affairs Minister Byron Camilleri on Thursday evening. The government tasked retired judge Geoffrey Valencia to investigate the circumstances that led to Cassar's multiple reports going unactioned. He was tasked to look at all the police and court processes.

The inquiry recommended prompt police action to arrest the perpetrator when a court protection order is breached. Camilleri said standard operating procedures will be issued across the police force in this regard.

Asked by MaltaToday whether these SOPs were already in existence but simply ignored, Camilleri reluctantly acknowledged that there were guidelines but it was now being made clear across the board that when a protection order is breached the police should arrest the perpetrator.

Inquiry recommends introduction of electronic tagging

The inquiry also recommended the introduction of electronic tagging and the increase in court resources to deal with domestic violence cases.

Camilleri said a draft reflecting this proposal has already been tabled in parliament to provide the legal basis for electronic monitoring. He announced that he designated Professor Joe Canataci to draft a legal framework and amendments to be tabled for consideration by parliament’s Consideration of Bills Committee. By means of this legal framework, a victim or, a possible victim can request to be voluntarily electronically tagged to ensure to be alerted should a court ordered tagged person is close vicinity.

Two magistrates to focus solely on domestic violence

Attard said with the latest increase in magistrates, there will be two assigned to hearing domestic violence cases. This will be done by having a magistrate focusing solely domestic violence cases and another magistrate focusing on cases and compilations related to domestic violence cases.

He said this was complemented by investment and infrastructural work, which includes amongst other things the setting up of another chamber for the judiciary with Family Court’s premises.

One of the recommendations made by Judge Emeritus Valencia included the legal definition of domestic violence, in particular what defines a family and a domestic unit. This is in view of the fact that currently the law deals with instances which are not necessarily considered as domestic violence, such as disputes between tenants who are not in a relationship but are simply sharing a lease.

Attard stressed that there will be a consultation with stakeholders directly involved in the sector to ensure that any legal changes will lead to these types of reports which are to be distinct from others which truly fall under the true definition of domestic violence.

Inquiry highlights need for more coordination between courts

The retired judge also highlighted the need for more coordination between the Magistrates’ Court and the Family Court. Attard said that an assessment is underway to determine whether the Family Court should continue to be part of the Civil Court, and instead be considered as a specialised Court.

This will also allow a judge to deal with and to be aware of the civil and domestic violence aspects within the context of family disputes.

Who was Bernice Cassar?

Bernice Cassar, a 40-year-old mother-of-two, was murdered by her estranged husband on 22 November 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.

Cassar's husband, Roderick Cassar, 42, from Qrendi was charged with wilful femicide, an aggravated form of homicide, and remains in custody as the compilation of evidence against him continues. He pleaded not guilty.

Cassar's 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. However, just 24 hours before the murder Bernice filed another police report.

Questions were raised as to why the police did not arrest Roderick Cassar despite the court-imposed restraining order.

Nationalist Party reacts

Reacting to the inquiry findings, the PN said it confirmed what it had been saying on the lack of resources provided to the police corps.

It said Byron Camilleri is politically responsible for the lack of resources provided.

The inquiry findings can be read here.