Justice Minister Owen Bonnici is considering a magistrate’s suggestion that criminal complaints be filed against a fee and that those persons making them abusively be punished.
In a recent judgment acquitting government vet Frank Galea of perjury, Magistrate Joe Mifsud appealed to the police to carefully go through reports before deciding to take court action.
He suggested that the courts should be empowered to impose penalties when cases were found to be frivolous and abusive.
Dr Bonnici said that the suggestions from the magistrate “merit due consideration”.
Making a false report or a calumnious accusation are criminal offences that can also give rise to an action for damages.
“Malicious prosecution can also give rise to damages. People filing complaints and their lawyers must be aware of this,” he told this newspaper.
It was true, he added, that, sometimes, people abused the criminal justice system for “vexatious purposes”.
“Needless to say, the criminal justice system must always remain accessible to the public in order to fulfil its proper purpose, but abuse has to be dealt with.”
The police, the magistrate stressed, should not give way to any form of pressure exerted by other parties, including the media.
Cases must be decided in a court, based on the evidence submitted and not according to what was published in media reports or in blogs.
The same applied to those lawyers who, despite knowing that the people soliciting their services were not right, still decided to go ahead and file criminal complaints out of fear or after bowing to pressure.
“The time has come for legislators to provide the judiciary with remedies so that, if criminal complaints are filed in an abusive or frivolous manner, the judiciary may impose penalties for abusing the system,” Magistrate Mifsud said.
“The time has also come for criminal complaints to be filed against an administrative fee, so that people think twice before kick-starting the process abusively. The so-called ‘district’ sittings have long lists of cases which are being instituted uselessly,” he said.
Perjury charges were pressed against Mr Galea following evidence given in court in the long-running case against herdsman Ġanni Attard, who is accused of keeping an unregistered herd.
The magistrate insisted the court would not be party to “stupid and scandalous” pique, where certain people expected to dictate what should be said and done in court.
He said that judges, the police and lawyers had a responsibility to ensure that the courts did not end up being a fora for increased pique and vindictive actions against those who did their duty and, instead, rewarding those who resorted to threats and litigation.
Government veterinarian Frank Galea was cleared of perjury charges following evidence given in court in the case against herdsman Ġanni Attard.