Lawyer MPs from both sides of the House today called for a 'radical reform' of the Criminal Code, particularly with regard to court procedures.

Nationalist MP Franco Debono, backed by Labour MP Jose' Herrera, made the call during court proceedings against Conrad Axisa who was arraigned under arrest and accused of money laundering and drug trafficking.

Dr Debono said the code needed a radical reform and the minister responsible 'should wake up'.

He said the Minister of Justice (Carm Mifsud Bonnici) had taken the time to write an article on Pope Paul VI, when there were several problems at the law courts which needed to be tackled.

Among them, he said, was the procedure of how arraignments were made, with the current application of the law being 'totally incorrect'.

At present, Dr Debono said, when a person was arraigned, a court decided on whether or not to grant bail without any witnesses being heard. Many people were remanded in custody.

In such a small island, it should not be difficult for witnesses to be summoned to give evidence at this stage, thus avoiding needless remand. 

Furthermore, there were no clear rules about when a suspect could be arraigned under arrest and when not, and this was being left completely at the discretion of the police.  It was obvious that a police inspector would object to bail when a suspect was arraigned under arrest.

In the case against Mr Axisa, Dr Debono said, the accused had been held in remand for 17 days without a single witness being heard. This was unacceptable and pointed to the need for urgent reform. 

Dr Herrera, who was present in the court room, backed Dr Debono and later commented to the press how the minister 'will soon be made a Monsignor.'

 

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