Injustice by local wardens

I am sure that all honest and law-abiding citizens welcomed the introduction of local wardens. We all assumed that these were introduced to educate and enforce the law. In fact I was somewhat doubtful, seeing so many complaints in the press. But I soon changed my mind.

A friend of mine, unaware of committing any traffic offence as he was never stopped by any wardens, was summoned to appear at the local tribunal for not wearing a seatbelt while driving.

When he was called he explained to the chairman that on the day and time in question he was at work and that his car was at the mechanic's. So the wardens who had made the bookings were called to identify him but, as expected, they did not identify him as the driver; what's more they confirmed that they had not stopped the car in question when they made the booking.

He was told that he had to pay and then claim the fine from whoever was driving his car. So he then politely asked whether that car model falls into the seatbelt category. And to his surprise the chairman came up with a brilliant answer: "You are not here to ask questions but to answer them."

My friend obviously objected and was told to step down and to appeal if he was not satisfied. On his way out he was given a notice to pay a fine since he was 'guilty - admits'. I don't think it makes much sense to object if one admits, but in Malta everything is special; and one wonders how this decision was taken.

On his way out of the hall, my friend, not being accustomed to courts and lawyers, asked what an appeal entailed and was told that it meant paying to appeal and more waste of time and money. So he decided to write to the minister to show his disapproval of how things were being run and hoping that something could be done to reverse this unfair judgment, especially since he had confirmed with various police officers and wardens alike that his car did not need seatbelts.

So having heard nothing for more than 13 months he assumed that all was settled. But he forgot that this is Malta and last February - the case was heard in December 2000 - he received a letter from a lawyer asking him to pay the fine, interest and legal fees amounting to Lm16, within four days.

A warden in Sliema recently assured me that "in Sliema they cannot book anybody without stopping them unless for using a mobile phone." I suppose that what's good for the goose is good for the gander and rules are the same for the whole of Malta and Gozo. He also added that in his opinion (and in mine too) the chairman was, to say the least, unethical to give such a reply.

Why should an innocent person be condemned for something he did not commit? And why should wardens be so irresponsible to do things they know they shouldn't do? Does a uniform give one power to do whatever one decides? Are they accountable to anybody? And who is going to compensate my friend without causing him more hassle, waste of time and inconvenience? He does not get paid if he abstains from work and so any waste of time is waste of money. If there is anybody who can remedy this injustice, they should contact the secretary of the Birkirkara council.

One thing he is sure about is that he will pay back the injustice. He and his family are determined that come what may - referendum or elections - they will not vote. One can understand how hard it is to be wrongly accused and I do not believe that we should do what a mayor had told me, namely that when he gets a ticket he pays it, whether he is guilty or not, as this is the easiest and cheapest way out.