Justice Minister Carmelo Mifsud Bonnici yesterday declined to comment on whether an inquiry would be launched into why a man's probation was extended just eight days before he brutally murdered his girlfriend.
When contacted yesterday, Dr Mifsud Bonnici said the case still sub judice.
David Norbert Schembri was sentenced to life imprisonment last Thursday after stabbing Josette Scicluna 47 times in the presence of their daughter in May 2004. He intends to appeal.
The presiding judge, Mr Justice Galea Debono, said he could not help but notice that the murder could have been avoided had the courts acted differently.
"Rather than converting the probation order into a punishment, restricting his freedom," the judge said, the court extended his probation period. "Had things not been done this way, this heinous crime, only eight days later, could have been completely avoided"
Unless Mr Schembri's appeal is successful, he will spend the rest of his days behind bars since, contrary to popular belief, life means life.
In countries like Malta, which do not impose the death penalty, life imprisonment is the most severe punishment imposed for the most serious crimes.
Dr Mifsud Bonnici said that prisoners serving a life sentence were not entitled to reductions of their sentence for good behaviour. Only a Presidential pardon could lead to a reduction.
A number of criminal lawyers contacted yesterday quoted article seven of the Criminal Code which states that punishments that may be imposed for crimes are imprisonment, solitary confinement, interdiction or a fine.
Article 31 of the code, which deals with variations to a prison sentence, states that if reduced by one degree, life imprisonment can be reduced to 30 years.
The lawyers commented on Article 493 of the Criminal Code which states that, "After sentencing any person to imprisonment for life, the court may recommend in writing to the Prime Minister within 24 hours, the minimum period which in its view should elapse before the prisoner is released from prison. Such recommendation shall be made available to the person sentenced, and a copy thereof shall be kept by the registrar."
They said this article was optional and was only used at the discretion of the presiding judge.