Legal experts differ on whether legal proceedings over alleged corruption in the purchase of oil by Enemalta would be time-barred.
The date when the alleged crime took place is crucial to establish the time bar, according to lawyer Stephen Tonna Lowell, because in May 2004 punishment for bribery was increased.
He said after that date the more serious bribery charges carried a time bar of 10 years to reflect the severity of the punishment meted out at law. But before the law was changed, all bribery cases were time-barred after only five years.
Based on the documentation published so far in another section of the press, the alleged case of oil graft involving Frank Sammut happened around March 2004.
This means this case became time-barred after 2009 because the old punishments and provisions at law applied.
However, lawyer Nadine Sant said the situation was not “clear cut” and much depended on what information the police had and when it came into their possession.
Dr Sant said the time bar was often subject to interpretation and prone to legal challenges in court.
One interpretation is that the time bar kicks in when the alleged perpetrator becomes known to the police and not when the crime happens. If this is the case then the alleged oil corruption will not be time-barred unless the police got to know about the case nine years ago.
But lawyer Giannella de Marco said it all depended on what crime a person is charged with. In her opinion, the time bar in cases where the offence is unknown starts from the day it happens.
“But this is a moot point and always subject to legal interpretation,” she added.
Dr Tonna Lowell said the law qualified bribery into three categories: a public officer who is bribed to do what he is duty bound to do; a public officer who is bribed to refrain from doing what he is duty bound to do; a public officer who actually fails to do what he is duty bound to do.
The first crime, considered to be the least serious, is time-barred after five years while the other two crimes are time-barred after 10 years.
Dr Tonna Lowell explained that bribery need not involve the actual exchange of cash to qualify as a crime.
“It is enough for two people to agree on a crime,” he said.
ksansone@timesofmalta.com