FSWS says its assessors never discouraged Nicolette Ghirxi from taking risk assessment

The Foundation for Social Welfare Services (FSWS) has denied allegations that professionals working for it had tried to discourage murder victim Nicolette Ghirxi from taking a risk assessment, publishing affidavits from its risk assessors.Ghirxi was

By: independent.com.mt

Aug 27 2024
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FSWS says its assessors never

Ghirxi was found murdered in her Swatar apartment on August 12th, allegedly having been stabbed to death by her ex-partner, 50-year-old Irishman Edward Johnston. Johnston was later killed in a standoff with the police in St Julian's as he pointed a replica firearm at officers. Ghirxi's family has called for an independent inquiry into the situation, and this request has received widespread support from the public as well as various bodies and organisations.

During a crime conference following the murder, Police Commissioner Angelo Gafa had said that Ghirxi had filed reports to the police in April that she was receiving harassment emails from Johnston from abroad, as he is not believed to have resided in Malta. Gafa had said that the Gender Based and Domestic Violence Unit as well as other agencies had contacted Ghirxi to conduct a risk-assessment on her case, however Ghirxi had refused, as she felt that she was not under imminent risk.

But the Times of Malta had last week reported that Ghirxi had agreed to take a risk assessment for domestic violence but told a friend and her lawyer that she was "talked out of it" by professionals when her case was evaluated. It quoted a close friend of the victim as saying that they were with Nicolette at the police headquarters in Floriana while she was filing the domestic violence report.

"I was with her when she accepted to take the risk assessment," it reports the friend as saying. The friend said that neither friends nor relatives or lawyers are allowed to be present when victims of domestic violence take risk assessments, which is why she left after Ghirxi filed the police report. The friend told the Times that later that night she received a voice note from Ghirxi, which the Times reports Ghirxi having told her friend ""Ok just got home, erm... the report... [he] didn't do the risk assessment because he told me there are no threats but insults. He told me that [the assessment] would score zero, kind of. But he [the risk assessor] told me that 'should he [the former boyfriend] contact you again and harass you, just call us and we'll do it again.'"

The FSWS, in response to the allegations, has published affidavits from its professionals "that continue to confirm what we have already said, that at no point did they discourage Nicolette Ghrixi from conducting a risk assessment, as alleged by certain individuals who spoke to The Sunday Times. We are also publishing the relevant form filled out by Ms. Ghirxi herself, where she confirmed in writing that she chose not to conduct the risk assessment."

"We reiterate that this was the only occasion where FSWS employees had contact with Ms Ghrixi," the FSWS said.

"The FSWS reiterates that it is ready to cooperate with any inquiry and/or investigation that seeks to examine its work, both in general and in relation to this particular case. The FSWS has full confidence in the competence and professionalism of its employees and, above all, in their dedication and commitment to helping victims of domestic violence."

One of the two affidavits, by risk assessor Jodie Baldacchino who works within the Domestic Violence Risk Assessment Service, read that Ghirxi had reported to the Police HQ on 22 April of this year to file a report against her former partner, Edward Johnston, "who at the time, as she confirmed with me and those present in the room, there was the possibility that he was abroad, in Ireland."

Baldachino said that she, together with her colleague Pavel Cuschieri, told Ghirxi that since she was filing a domestic violence report, she is entitled to take a risk assessment. She said that this was all said in the police shift room in the presence of the police who took her report. She said that what a risk assessment involves was explained to Ghirxi by her colleague Pavel Cuschieri (also a risk assessor). Pavel Cuschieri in his affidavit, said that through a risk assessment professionals evaluate the risk according to the information provided by an alleged victim that could lead to serious physical abuse or even murder.

Baldacchino's affidavit reads that Ghirxi told them that she did not feel she needed a risk assessment. Baldacchino said that to justify this, Ghirxi said that her report was one of harassment and insults.

"I, together with Pavel Cuschieri, again explained that the final decision whether to take a risk assessment or not is hers. We also notified that if she decides to take a risk assessment, she has to tell us and we would be able to start immediately," Baldacchino said. Baldacchino continued that Ghirxi again said that she did not feel that she was at risk. "I and my colleague again explained that if she changes her mind later, we recommend her to return to the GBDV whenever she wants, 24 hours a day from Monday to Sunday, to take a risk assessment."

Baldacchino said that as per procedure, "since Ghirxi chose not to take a risk assessment, I together with my colleague Pavel Cuschieri explained to her and provided her with the refusal of service form. This form includes an explanation regarding what the risk assessment we offer as professionals is. In it, the alleged victim is asked to fill out their personal details and specify the reason why they are choosing not to take this assessment. This process is documented in the presence of police."

She said Ghirxi filled out and signed the form with the words :"Presently, I don't think I am at risk. My report is based on insults and harassment. If anything new comes up, I will report."

Baldacchino said that they gave a paper with contact details for the services that offer support to victims of domestic violence that could be of help for her in the future.

The FSWS, in its statement, also informed the public that there were 607 reports of domestic violence between January and June 2023, the number of reports increased to 1,138 during the same period in 2024. "Those who accepted to undergo the risk assessment rose from 562 in the first six months of 2023 to 770 in the first six months of 2024, an increase of 37%. At the same time, in the first six months of 2024, 368 individuals chose not to undergo the risk assessment, representing 32.34% of the total reports filed."