Failure to uphold rights of the weakest

The Times reported on the court case relating to a 32-year-old North African who is serving time after being found guilty on drug charges, and who was allegedly caught in possession of cannabis in prison (March 6). It emerged during the proceedings...

The Times reported on the court case relating to a 32-year-old North African who is serving time after being found guilty on drug charges, and who was allegedly caught in possession of cannabis in prison (March 6). It emerged during the proceedings that the prisoner's police record listed five convictions, four of which consisting of prison terms and a suspended sentence.

To my knowledge, there was a time when it was standard practice for foreign nationals from non-EU countries, who fell foul of the law and served a prison term, to have their residence permit withdrawn and to be deported once they serve their sentence.

Far from being sent home, the person concerned was allowed to stay, and subsequently to serve three consecutive prison terms.

On the same day, The Times carried another court story about a person who has been charged with stealing cheques from a Qormi shop. In this case, the person so charged is reported to have received three previous suspended jail terms and a three-year probation period in 2007 for fraud.

It would be improper to comment on the merits of each of these two court cases. But it is in the national interest to question why the judicial system has been so ineffective in dealing with crime which is on the increase. After all, justice is all about the rights of the weakest. Justice must be fair with criminals and with society at large.

There is a case for criminals to be given an opportunity to mend their ways and reform. But there is an equally reasonable case for society to be protected from criminals.

No such legitimate protection is being provided by the courts who give one suspended sentence after another to hardened criminals with a record of successive court convictions.

The system is demonstrably not working. It seems to me that the case for reflection and remedial measures is urgent.

This is all the more necessary in view of proposals to introduce a parole system for persons serving time in prison.

Before we come to that, it would be at once prudent and logical, if clear rules were in place regulating suspended sentences and related matters. Otherwise, plans to introduce a parole system would amount to providing a third layer of "immunity" to criminals with a record of cocking a snook at justice.

In the interest of the law-abiding community, it is high time to clean the stables.

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