The National Commission for the Promotion of Equality on Monday sounded a stark warning: the repeated granting of bail to people accused of violence against women risks endangering victims and the wider public.
In a statement, the NCPE expressed concern that insufficient weight may be given to the potential harm posed to alleged victims, their families and other vulnerable people when defendants with a reported pattern of violent behaviour are released on bail.
The commission referred to a recent case involving a man facing several court proceedings over alleged violence against women, including the attempted murder of two girls.
It said the man had been repeatedly granted bail despite also facing separate proceedings for allegedly breaching previous bail conditions.
The particular case was not mentioned in the statement, but the NCPE was ostensibly referring to the case of Nazzareno Dalli who was granted bail last week after being charged with threatening his pregnant ex.
He was already on bail for the attempted murder of two girls in December 2024 and for another domestic violence incident in March this year.
The NCPE said the case was not an isolated one, claiming that individuals accused of repeated violent behaviour were being released without sufficient consideration of the risks they could pose.
While acknowledging the principle that every person is presumed innocent until proven guilty, the commission said courts must also consider the rights of alleged victims and others to life, safety and well-being.
This is a statement of significant importance from the NCPE. Yes, the right to both the presumption of innocence and the right to bail are important within the country’s legal system – but the rights of the victims should be just as important.
Unfortunately in some cases today, the perception is that the perpetrator can appear to have more rights than the victim.
The NCPE said the problem was partly worsened by lengthy court proceedings, which could leave defendants facing several ongoing cases without any final judgment being delivered.
It acknowledged government efforts to appoint more judges and magistrates in recent years but called for further resources to speed up proceedings.
Cases in which an alleged victim may face an imminent risk of harm should be prioritised, the commission said, and it called for electronic tagging to be introduced at an early stage of proceedings in appropriate cases.
There has been an increase in domestic violence cases in recent years – perhaps not necessarily because the number of instances of such cases has increased, but possibly because the awareness surrounding them and the approach towards them from the police has improved significantly.
But with the increased awareness and the increased work from the authorities, must also come an increased emphasis on protecting the victims of domestic violence.
This is especially the case with repeat alleged offenders, where there is a track record of alleged violence.
The courts must work to protect the rights of every individual who comes before it, whatever the charges, but it must also ensure that the rights and – even more so – the safety of the victims who are affected by crime and violence are protected in the most effective manner possible.