Stripped of dignity

It is truly a man's world once you enter the august building of that august institution. The way the court decides how expenses are to be split, for instance, can hardly be understood. A court-ordered architect's valuation of our home cost Lm894.81. The court ordered that amount to be shared between us. Another valuation of a flat we have a half share of, and of our office and warehouse, came to Lm811.21. This time the court ordered me to pay that entire amount.

In another instance, the court ordered me to pay Lm100 for a psychologist's report about whether or not my younger daughter was willing to see her father. Such a report by another court-appointed psychologist already existed, confirming that my daughter did not want to see her father. The second report was ordered as a result of an application my husband made. Why was he not made to pay the Lm100?

When the elder daughter turned 18, my husband, arbitrarily, started sending me only half the maintenance amount ordered by the court. I went to the police in my home town. I was heard by a sergeant and a policewoman. They asked for photocopies. I gave them a photocopy of the reduced cheque and another of the court order on maintenance.

The next month the same happened. I handed in more photocopies. My lawyer filed a formal written complaint asking the police to take action in the Criminal Court. More legal fees. When the next cheque came, again for half the amount due, I remarked to the police, where I went again, that nothing had happened. The two guardians of the law said I had not asked them "biex nipprocedu" (to take action). I asked what they thought I went to them for. They still did not take action. The police said eventually they did not know that the formal complaint existed. And the matter rested there.

Until, very recently, I bypassed my lawyer and took matters into my hands, by writing to the Commissioner of Police. The result was almost instantaneous. Within four days I not only received an acknowledgement but also notification of two court cases which have now been instituted by the police against my husband. I am keeping my fingers crossed, hoping that the cases will be seen through.

I also gained knowledge after I wrote to the Police Commissioner because I was asked to contact an inspector at the depot and talking to him I was told that my husband had indeed been summonsed to court but was acquitted because I did not show up to testify. The police in my town had failed to notify me of the court case. They did not find me at home when they called, they claimed. I do not know how often they had tried to contact me but they have my mobile number and never phoned me. I thought it strange, even because, on a previous occasion, when I was the accused in the access-denial case, they went out of their way to contact me, even calling me on my mobile.

Twice I saw the Parliamentary Secretary in the Ministry of Justice to complain about the length of time my case was taking, and about what I can only describe as delaying tactics. The parliamentary secretary was sympathetic and each time promised to get back to me. He never did.

My younger daughter gave evidence about her ordeal at her father's hands to different people at different times. The first time was to a child expert, an understanding woman, who decided that there had indeed been abuse. I had taken her there.

But after that my daughter had to re-live her traumatic experiences several times, by order of the court, which several times appointed experts, people my young daughter did not know, total strangers to her, who had to hear her story to decide for themselves.

In all, she saw five court-appointed experts to recount her ordeal. She saw four of them more than once. Apart also from relating her experiences to a magistrate. Her meetings with these people would have been preceded each time by a series of sleepless nights.

"Justice" is paramount in such cases, a child's feelings seem to come second. The shame and pain, though none was her fault, of recounting such details to strangers did not seem to bother anybody. Each time she was due to appear before one of these court-appointed experts any progress she may have made in forgetting her ordeal was undone. She had to recall the details, to be able to recount them. Each expert told the court that these recounts she was being compelled to make could eventually prove harmful to her.

I remember one particular sitting in the Criminal Court, my baby standing by the magistrate's side, replying to questions about what had been done to her. The public was excluded from the courtroom. My child, wide-eyed, replied as best she could. The whole process must have been so intimidating to her. It was certainly harrowing to me. There were no members of the public but her alleged abuser, her father, was there, and the courtroom was full of policemen, in uniform, tall and paunchy or lean.

Here I am, tearing myself apart with fear of the possible effect on my daughter should I start criminal action against my husband about the alleged abuse, while my daughter is made to re-live her trauma over and over.

My husband is a cool operator and can be easy with money. I still remember the occasion when we had the first meeting with the social worker involved in our case. God bless him! I have never come across a more understanding man. My husband told the social worker, in my presence, he was aware how low paid social workers were and that he would like to do something for him. My husband tendered Lm20. The social worker thanked him and said that seeing I was in such dire need of money he would pass the note to me. My husband grabbed it off his hand. It's all right, he told him, I will take care of her.

I know that by writing this I may be prejudicing my own case. I am aware that the judge will be displeased, angry perhaps, and he is the one who will hand down judgment. But I can hardly be hurt more than I have been already by a seemingly callous system which is so totally inadequate, so insensitive to people and their situation and so easily to be exploited by the unscrupulous.

Is there no one who can look into the situation of cases, such as mine, which are urgent by their very own nature, but which seem to have become bogged down? What does the Chamber of Advocates do? What role does the Commission for the Administration of Justice have? Is there nothing it can do? Cannot the National Council of Women and similar bodies do something, such as involving themselves in such cases by checking on their progress? Did the council comment on the Family Court when the legislation setting up the court was published? Has the council bothered to find out whether the aims of the legislation are being achieved?

Concluded.