Lawyer reprimanded for tape recording court sessions

Lawyer Emmy Bezzina yesterday admitted to a magistrate that he recorded every court sitting he was involved in, which is considered an illegal practice.

He made the admission shortly after he was caught by a prosecutor recording extradition proceedings against his client.

Magistrate Joseph Apap Bologna reprimanded him and said that if that recording was used in any way, he would consider taking action against Dr Bezzina.

The incident took place as the court began considering a request by France for the extradition of a couple, so-called spiritual leader Alain Schmitt and his girlfriend Laurence Liegeois, who are wanted following their escape from France two years ago. They had been convicted of torture and ordering violence.

Article 3 of legal notice 280 of 2008 states that "no person shall, under the penalties laid down in article 990 of the Code of Organisation and Civil Procedure, except as provided for by law with the permission of the Director General and the Chief Justice, take or attempt to take any voice recording".

The head of the International Unit at the Attorney General's Office, lawyer Donnatella Frendo Dimech, had noticed the small white recorder in front of Dr Bezzina while the magistrate was out of the court room and told him that it was unacceptable for him to be recording as it was illegal to do so.

Dr Bezzina replied that if the court was recording then there was nothing wrong with him making his own recording.

Dr Frendo Dimech immediately reported the incident to the magistrate in his chambers and on his return, the magistrate reprimanded the defence lawyer. The magistrate noted that the recording was being made secretly, which Dr Bezzina denied, saying that it was taking place in front of him.

He also admitted to recording every sitting.

The magistrate ordered him to stop and said that if the recordings were used in any way, the court would consider proceedings against him.

Dr Bezzina apologised for his actions.

At the start of the sitting, Dr Bezzina told the court that his client, Mr Schmitt, had not been notified about yesterday's sitting until Sunday evening, when he was told to wash and get ready for court the next day.

In reply, Dr Frendo Dimech referred to a press conference about this case held by Dr Bezzina on Friday and said that the "Attorney General's Office makes its case in court and not in the media".

Prisons Director Superintendent Abraham Zammit told the court that Mr Scmitt had in fact been notified about yesterday's sitting when he had first appeared in court last Friday.

Taking the witness stand, Supt Zammit said that after Mr Schmitt had been taken to Corradino prison following his first appearance on Friday, he was transferred to Mater Dei Hospital and then onto to Mount Carmel hospital when he expressed the wish to die.

In his cross-examination, Dr Bezzina asked the witness if he was aware that Mr Schmitt was 95 per cent blind and he replied that he was aware of a difficulty in reading and seeing.

The lawyer also asked if the officer was aware that as a result of Mr Schmitt's diabetes he had a severe wound on one of his legs. The witness said he was not aware of it.

Dr Bezzina then alleged that for four days, Mr Schmitt was made to sleep naked in a freezing cold cell because of security reasons. The magistrate then ordered that Mr Schmitt be examined by a doctor.

In proceedings against Ms Liegeois which followed that of Mr Schmitt, Dr Bezzina also said that she had not been notified about the sitting but had only been told on Saturday in the evening, which was late.

Bail was requested on behalf of the couple but Magistrate Apap Bologna said that he was bound by law to review bail every 15 days and there was no need for a request to be made.