Nationalist MP Franco Debono speaking in parliament this morning insisted that Malta needed progress in the reform of the justice sector, but said his comments  were not directed personally against the Minister of Justice and Home Affairs, Carm Mifsud Bonnici - although he could not understand some comments he had made.

Speaking during the Budget debate, Dr Debono early in his speech said he wished to thank the minister and all those who worked in the ministry as well as the Police Commissioner, Chief Justice and judges.

He said that in the issue over legal assistance to people under interrogation, he had put pressure so that a law which was already on the statute books would be brought into force. He was glad this legislation had come into force, but there were consequences because it came in late.

While he had always respected the minister, he regretted and was surprised by  declarations published in The Times on July 21-22 where Dr Mifsud Bonnici spoke of tacit agreement with the Opposition not to introduce the right to a lawyer during police interrogation, something which the Opposition later denied. What did the minister mean, especially when a fundamental right was involved here?

Dr Mifsud Bonnici had also played down the importance of this right, saying 'only' 709 had sought the presence of a lawyer while under arrest. This, Dr Debono said, was a quarter of all people who were arrested. Such comments were uncalled for and unexpected.

Dr Debono said that as an MP he was calling for radical reforms in the justice system. For example, the right to appeal a bail decision should apply to both the AG but also the defence.

He strongly felt that the Ministry of Justice and Home Affairs should be split, because one could not have a minister responsible for both the police and the courts.

The Bill moved last week by the Minster had some good points - some of which he had himself proposed.

But it was shocking that the minister was proposing that the Chief Justice could assign magistrates to the role of inquiring magistrates. The judicial and inquiring roles were different and should be kept completely separate. Certainly, inquiring magistrates should not then be expected to sit in judgement.

The Bill also spoke on higher penalties on prostitution and living off prostitution, The easiest thing was to raise penalties, as the Bill proposed to do, but what was needed was action to stop exploitation and the spread of disease.

Dr Debono said  one of the most serious problems in the justice system was the host of tribunals which now existed, included the Small Claims Tribunal, Mediation, and Mandatory Arbitration  which meant that in many cases, one ended up appearing before lawyers not magistrates or judges. Important decisions were being taken by people who were not protected by the constitutional provisions provided for the courts. Better to improve the courts, Dr Debono said.

Dr Debono said he was glad that the courts had now opted for digital recording instead of cassettes, as he had insisted, but it was about time the relevant legislation was changed.

Dr Debono said he had also spoken for years on the age of consent - where charges of defilement were dropped in some cases involving, say, 17 year olds, but the proposal made by the minister needed to be refined.

Dr Debono said he had personal respect for the Attorney General but he disagreed that the AG should have much discretion on whether first offenders in drug cases should be arraigned. If he had to have discretion, he would need to explain his decision.

Near the end of his speech, Dr Debono said much progress had been made in the police force, but the Force needed to be strengthened and motivated more.

Inspectors should be allowed to investigate rather than take too much time on prosecutions in court. Other countries had a prosecution service.

Malta needed a better forensics service and the system of appointment of court experts needed to be revamped, for higher standards to be achieved.

Dr Debono said provisions on disclosure needed to be updated and more work needed to be done for legal assistance 'during' interrogation.

A radical reform was needed in court procedures, including plea bargaining.

Dr Debono said clarification of the law and guidelines were also needed on when a person was arraigned under arrest, and when not. Discretion also needed to be tackkled with regard to inconsistent decisions on bail.

The institute of legal aid, Dr Debono said, was not working well.

The mediation system in the Family Court also needed to be reviewed.

Also up for review should be the way the Council for the Administration of Justice Functioned.

Dr Debono said that with regard to the Security Service, wire tapping for crime should be subject to the permission of the judicial authorities not the minister, but in national security, the authority should be the minister's.

Dr Debono said the jury system was good, but the judge should be able to deliberate with the jurors.

Malta, Dr Debono said, needed a third tier of review and the Italian model should be adopted.

Concluding Dr Debono said he was not personally criticising the minister, but progress was needed on reforms in the justice reform. The Chief Justice had said that the justice sector was as important as the economy, and it should be given its due.

The Nationalist MP ended with a quotation by Eddie Fenech Adami underlining the importance of fundamental human rights. He said that freedom, democracy and justice were values which society had to jealously safeguard.

When he spoke later, Dr Mifsud Bonnici said he wished to thank all speakers on the government and opposition benches because he was sure all remarks were well intentioned for better administration. All points, he said, would be given their due consideration.

 

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