Sections of the media last Sunday regaled us with pictures of new police recruits celebrating their ‘graduation’ at the Police Academy while a spokesman for the Ministry of Home Affairs was reported to have said that it is prioritising the training of members of the police corps and that the ‘academy’ is going to be transformed into a ‘college’. Needless to say, I was not impressed.

Meanwhile, a report last Wednesday in Times of Malta revealed that Home Affairs Minister Manuel Mallia was unclear on whether the findings of two inquiries concluded months ago would be published.

He still has to mull over the predicament in which he has found himself, it seems. The inquiries delved into two incidents – one in which the then police commissioner decided to drop charges against a man who allegedly assaulted four officers at the Żabbar police station in 2013 and the other was about a police cock-up that led to the wrong man being arraigned over a hold-up in Birkirkara.

Both inquiries revolve on the power of our police force to both investigate crimes and prosecute alleged criminals.

In this situation, the police decide when and whom to prosecute and when not to prosecute – a power they should not have. The need for a Public Prosecution Office separate from the police force seems destined to keep surfacing all the time.

Apparently, the members of the police force have been given lessons about all the crimes in the statute book and about all the force’s powers at law but scant information about the rights of the citizen, especially about our basic human rights.

Otherwise, one can hardly explain the fact that after the fracas carried out by a motley crowd of idiots who went to protest against the government’s suspension of the hunting season, one person was accused of – among other alleged crimes – encouraging people to disrespect the government!

There is no explanation for this particular accusation except that our police force neither acknowledges nor respects our basic human right for freedom of expression.

This accusation is the result of an archaic law that was not originally passed by any Maltese Parliament but was imposed from London in all British colonies when subtle – and not so subtle – rumblings of dissent against colonialism were being felt even in Westminster.

It is obvious that most of the provisions of this law have been eclipsed by our Constitution and by our adherence to basic human rights, but our academy-trained members of the police force do not seem to care a hoot about this.

I feel I have to point out that I have an axe to grind about this law (now Chapter 71 of the Criminal Code) that owes its origins to the Prohibition of Seditious Propaganda Ordinance that was imposed in 1932 by the then colonial powers.

The law was amended on several occasions but nobody ever bothered to have a good look at it from a human rights perspective.

Its definition of “seditious material” is vast. It includes any material that directly or indirectly may have a tendency “to bring into hatred or contempt or to excite disaffection against the person of the President of Malta or against the Government or the Constitution” as well as – but not exclusively – “to raise discontentment or disaffection amongst the inhabitants of Malta”.

Today this part of the law is more observed in the breach. This law seems to indicate that the Corradino prison (or is it Correctional Facility?) is the destiny of every politician, editor or commentator in Malta. Except that it is mostly ignored and considered dead, only to be resuscitated by some stupid police officer every two decades or so.

This accusation is the result of an archaic law that was not originally passed by any Maltese Parliament but was imposed from London in all British colonies

As far as I am aware, I had been the only person to have been accused of breaking this particular law, at least since independence in 1964.

I understand it was also used against Joe Micallef Stafrace by the 1958-1962 colonial administration.

My case was sparked off by a special issue of The Democrat that was published on the day after the infamous ‘Black Monday’ in 1979.

One particular comment, apparently, was considered as fomenting discontentment and disaffection among the Maltese people!

In those circumstances, I would have thought the photographs did this even better. But the then Mintoff-led government – obviously in uncomfortable circumstances – needed a diversion to put some pressure on the PN then in Opposition.

That in the year 2014 there are members of our police force who feel that they can capriciously apply this law against a person who encouraged others to protest against a government decision speaks volumes about our police force.

Keeping damning inquiries under wraps will not save the police from ignominy but will only make the authorities appear as if they are more worried about the negative impact on the reputation of the police force than about the rights of the citizen.

It is high time that this archaic law is expunged. Justice Minister Owen Bonnici will certainly bask in kudos – at least in my view – if he voluntarily opts to do this.

micfal@maltanet.net

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