Magistrate rebukes legal aid lawyers who fail to appear in court

A magistrate yesterday described as "intolerable and unacceptable" the fact that legal aid lawyers fail to turn up in court to represent clients.

The legal aid system is a pool where lawyers, on a roster basis, provide free legal assistance to people who cannot afford to be represented by a lawyer of their choice.

These lawyers offer their services for free but are compensated by the state.

Magistrate Anthony Vella complained that various lawyers who form part of the system were not turning up in court to assist clients. He said this amounted to contempt of court and ordered that the permanent secretary at the Justice Ministry be notified about the situation.

The incident took place during the arraignment of a 19-year-old man accused of participating in sexual acts with two 14-year-old girls.

Emanuel Degabriele of Cospicua pleaded not guilty to participating in sexual acts with the two girls between August 17 and 18 and to breaching the conditions of a previous release.

The court noted that the lawyer who was on duty as legal aid yesterday had not turned up to assist Mr Degabriele. This had been happening often with a number of lawyers, something that was "intolerable and unacceptable".

"Mr Degabriele has been denied his right to be represented by a legal aid lawyer," Magistrate Vella noted.

After taking into account Mr Degabriele's criminal record, the fact that he has been given various chances to reform himself and that there were no sufficient guarantees for him to be granted bail, the magistrate remanded him in custody.

Police Inspector Raymond Aquilina prosecuted. The court subsequently appointed lawyer Daniela Mangion to assist Mr Degabriele.