A mother jailed for not making her teenage son visit his father could be freed today, as the Cabinet decides whether to grant her a presidential pardon.
The Attorney General has ruled in her favour, advising Justice Minister Chris Said to recommend her release.
Advice from the Police Commissioner is also being sought but, if it does not arrive before the Cabinet meeting takes place, the decision will still be taken.
This morning Dr Said will present the case to Cabinet, which will pass on its decision to President George Abela, who is then empowered to grant the pardon in line with the Constitution.
Dr Said told The Times that this case was taking precedence over other requests for a presidential pardon because the woman is already in jail.
Coincidentally, the lawyer representing the young boy’s father, who asked for the court to intervene, is President Abela’s son Robert.
However, according to the Constitution and common practice, the President’s task is simply to formalise the Cabinet’s decision.
Meanwhile, Labour MP Helena Dalli today joins the chorus of disapproval over the woman’s three-month prison term, describing the court decision as “confusing and sending the wrong message to society”.
Writing in her regular column in The Times, Labour’s spokeswoman for the public sector, government investments and gender equality questions whether the court exercised its discretion in following the law.
However, she also assumes “part of the responsibility” since the penalty was within the parameters of the law, which she says she would press to change.
Meanwhile, The Sunday Times yesterday reported that the mother, who like her ex-husband is a teacher, may not necessarily lose her job in a State school.
The Public Service Commission said it carefully deliberated on each case, taking into account the specific circumstances before making a recommendation to the Prime Minister.
As a general rule, a public service employee who is sentenced to imprisonment is dismissed from employment.
The woman has not been named to protect the identity of her son, who turns 18 next month and helped raise awareness about his mother’s case by speaking to The Sunday Times.
Yet his father maintains his ex-wife deserved the punishment as she continually refused him access to his son out of revenge.