Tuesday, 23rd September 2008 - 13:26CET

Magistrate raps legal aid lawyers

Magistrate Anthony Vella this morning rapped legal aid lawyers noting that a number of them were not available when the court needed them.

The Magistrate was speaking during the hearing of a case in which Emanuel Degabriele, 19, of Cospicua, pleaded not guilty to participating in sexual activities with two 14-year-old girls. He was also accused of breaching the conditions of a previous release.

Mr Degabiele was remanded in custody after the Magistrate saw no sufficient guarantees for him to be granted bail.

The Magistrate said that the unavailability of legal aid lawyers was a serious shortcoming through which Mr Degabriele was being denied his right to legal aid. This situation was happening very often and it was unacceptable and intolerable, he said. He ruled this was in contempt of court.

The Magistrate also ordered this communication to be sent to the Permanent Secretary at the Justice Ministry.

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Article © Allied Newspapers Ltd., printed on Sunday, November 22, 2009. This article is for personal use only, and should not be distributed.

Comments

Olina Tretyak (on 23/9/08)

Lawyers have several cases appointed on the same day, in different halls. Most cases start at 9am. Lawyers come to the hall where their first (or more important) case will be held, and take the line one after another, to call the case. If case is called, and a lawyer of another party is at that moment on the other hearing - it depends on the Judge (Magistrate) will he put case off for 2 hours or 6 months, or make any other decision. In this particular case Emanuel Degabriele was remanded in custody because no lawyer appeared for him at the time of hearing to try to persuade The Magistrate that there are sufficient guarantees for him to be granted bail. Not the fact that bail would be granted, but if there were no lawyers, there was no try.

edward Cassar (on 23/9/08)

@l. Debono
Not only legal aid lawyers do not a lot of time turn up when needed,as even well paid private lawyers a lot of times do not turn up for the case.

Charles Sammut (on 23/9/08)

@ J Farrugia

NO, this gentleman probably does not pay taxes and is probably also unemployable. That is why he is entitled to legal aid.

This is the sorry state we now live in. If you work, you are harassed by bureaucrats and tax collectors to the point of feeling that you are a criminal. While those who act irresponsibly get all the government (our money) backing they want. Of course this includes a lot more than just legal aid.

In all fairness people are justified to try to avoid (not evade) having to pay taxes.

L Debono (on 23/9/08)

This isn't hard to figure out. The lawyers are going where the money is. If the Courts grant them better pay, they might offer more services as legal aid.

J Farrugia (on 23/9/08)

Why should this person be accorded free legal aid???? Does this guy pay any taxes? Is he employed? Why should the people of Malta put their hands in their pockets.