There are several places on Earth which offer far better protection to arrested citizens than Malta does. The Maltese generally have an easier time with arrests than foreigners do, because even if they don’t know the law, they know the language, the lawyers and the whole culture that surrounds the police force. Foreigners are far more vulnerable and susceptible in this department. And yet, in my experience, there are plenty of Maltese who still have a lot of learning to do.

Most of the time, the much coveted right to legal assistance winds up taking place over the phone

Read this very carefully. This may be the most valuable thing you read today. If you are ever arrested for a crime in Malta and are asked by the interrogating police whether you would like to talk to lawyer of your choice (or any lawyer for that matter), you are to answer in the negative.

You are to say, “thank you, but no thank you, I think I’ll pass”. Here in Malta, as things stand now, whether you are Maltese or foreign, under no circumstances should you ever invoke your supposed ‘right’ to speak to a lawyer.

You see, if you haven’t talked to a lawyer, you can just sit there, keep your mouth shut and say nothing, which is always the safest bet even if the police tell you otherwise. That way, your words can’t be twisted or misinterpreted, and you’re still well within your legal right not to answer to anything, except perhaps your name and a few other biographical details. You can even choose not to sign the statement.

In short, if you haven’t talked to a lawyer, anything you don’t say or do, cannot ever be held against you.

Once you’ve spoken to a lawyer, even if it’s for the whole of 60 seconds on the telephone, and even if you don’t even know the lawyer’s name or whether he’s a lawyer or the telephone operator, you immediately lose your right to remain silent. Then, the tables are turned and a guilty inference can be drawn from any question you don’t answer.

You may think that Arriva was the single worst remnant of the previous administration. You’re wrong. The worst thing that emerged from the PN administration was the right to legal assistance, which was introduced in 2010. It makes Arriva look like an Aston (Austin?) Martin.

I can well understand how a person who suddenly finds himself surrounded by policemen would succumb to the temptation of asking for a lawyer. Exhaustion, fear, ignorance of the law, and too many American movies come together and suddenly opportunity knocks (rings), like that mirage in the desert.

Asking for legal representation is precisely that – nothing more than a misrepresentation – a legal hindrance if ever there was one.

Unlike the situation in the UK, for instance, where all available evidence against the suspect is disclosed and made available to lawyers during the interrogating stage, the right to legal assistance in Malta is the biggest mirage and con of them all.

What it means is that you are given the right to talk to a lawyer over the phone, or, if you’re lucky, have a lawyer pay you a visit for up to one hour before you are interrogated.

What the police don’t tell you is that they are not obliged to disclose any information to lawyers, who therefore know precious little as to why you have just been arrested, and in reality, can’t be of any legal assistance whatsoever.

The only thing a lawyer can and should tell you, if you’ve just called him up, is “you’ve just lost your right to remain silent mate, be very careful what you say”.

Lawyers are generally loathe to talking over the phone at the best of times. They’re either busy in court or struggling with some convoluted report or note of submissions which was due to be filed two weeks ago. Even when you’re a regular client and they’re expecting your call, chances are they’ll cut you short.

And of course, if you call on weekends or holidays when they happen to be sitting on a lounger sipping a cool drink, if their phone isn’t switched off, they usually are.

The police know this. They know that most lawyers don’t have the time or inclination to talk. They also know that for the most part, lawyers hardly ever make time to visit people under arrest personally, especially when they’re not being paid to do so.

Many arrests take place late at night or on weekends when lawyers are unable to just up and leave to the depot at the drop of a hat.

This means that most of the time, the much-coveted right to legal assistance winds up taking place over the phone.

Under Maltese law, a telephone conversation lasting less than a minute, where nothing valuable is exchanged, other than a person’s name, nationality and the fact that he’s under arrest, constitutes legal assistance. And most lawyers who talk to people on the phone wind up giving them the wrong advice anyway, because some lawyers still think these people have the right to remain silent, which technically they don’t.

Assuming you’ve just landed in Malta. You’re foreign, not familiar with the Maltese language and can just about string a sentence together in English.

You don’t know anyone here, certainly not a lawyer. You’re clueless about the law, and when the police ask you whether you want to speak to a lawyer you pounce on this seeming treat.

The numbers are magically dialled and you’re handed the receiver. You have no idea who you are talking to. He probably is a lawyer but you don’t catch his name and can’t pronounce his surname.

A minute later you hang up and are none the wiser. Except of course, you’ve just lost your right to silence and the police have covered their behind legally.

The first question the police will ask on the statement: “Am I right to say that you consulted a lawyer prior to releasing this statement?”

Nice.

michelaspiteri@gmail.com