Nicolette Ghirxi’s lawyer, Dr. Joseph Borda, has filed a complaint with the Data Protection Commissioner against the Foundation for Social Welfare Services after the latter published a document signed by Nicolette declaring her refusal to carry out a risk assessment.
“Publishing this form violates privacy laws and all basic ethical standards,” Borda wrote on Facebook.
The FSWS released this document yesterday as a press release and on social media amid a flood of allegations that Nicolette was dissuaded from undergoing a risk assessment by officers at the police station.
“Today I have lodged a report with the Data Protection Commissioner against FSWS to investigate the press release dated 27 August 2024 in which FSWS published the declaration form signed by Nicolette Ghirxi on 22 April 2024 while she was undergoing a risk assessment as part of a domestic violence report at the Police Headquarters in Floriana.”
FSWS released the document in response to allegations made by a friend of Nicolette’s who claimed she was dissuaded from taking the risk assessment. This was confirmed by voice recordings heard by Times of Malta, in which the victim stated that she was told she would do poorly if she had to accept the assessment because the messages were not threatening.
In fact, Nicolette wrote on the form: “At this time, I do not believe I am at risk. My report is based on insults and harassment. If anything new comes up, I will report it.”
Borda immediately criticized the FSWS’s decision to release this document, saying that her testimony actually supported the friend’s claims.
“According to the FSWS, Nicolette took part in the risk assessment for fun and somehow came up with that sentence. After that, she lied to everyone,” he said.
“That’s so professional, FSWS,” he continued.
“It is now clearer what happened and it confirms what was reported on Sunday – Nicolette was dissuaded from the risk assessment. The least you can do is not make it worse for yourself and stop blaming the victim.”
This morning, Nicolette’s family reiterated their call on Prime Minister Robert Abela and Justice Minister Byron Camilleri to launch an independent investigation to determine whether the state failed the victim.
Do you think the FSWS did the right thing by publishing the document?
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