I couldn’t possibly have been there because I wasn’t notified
I have just read on timesofmalta.com that the court has ordered me to be taken to the next hearing of a particular case under police escort because this morning I failed to turn up.
I wasn’t there because I didn’t know about it. This is not a civil case. It is a police prosecution for the legal archaism of criminal defamation. The police are required at law to notify defendants of each and every sitting.
I did not receive the legally required police notification.
The magistrate was not in a position to know this because I was not there to say so and the police would not have volunteered the information even if the particular officers there were aware of it.
I will therefore be filing an application against the ruling, specifying the failure of the police to notify me.
Nor is it correct to say that I failed to turn up to the first hearing. It took me an hour to drive into Valletta and park that morning rather than the usual 40 minutes. I arrived 20 minutes late and the case had been called already, because the court was particularly efficient that morning.
So yes, technically and in the eyes of the court I failed to turn up, but in reality I did turn up (I had no other reason to go through all that hassle of getting into Valletta in the morning and disrupting my workday; I am not based in the city), but the impression being given here is that a I cavalierly didn’t bother. This is wrong.
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It seems that time3sofmalta.com is thrilled to cover this news piece – let us see if they have the decency now to quote your blog. I also expect the magistrate in question to investigate why you had not been notified.
[Daphne – It’s not a matter of being thrilled. It’s just a court report. It’s in The Malta Independent, too. I have sent a ‘right of reply’ statement.]
The person to be notified to appear in court is handed in the referta tal- qorti by the policeman who in turn signs an attached form declaring that he has handed in the set paper to the person involved and this is then presented in court as proof that the person has been duly notified.
The magistrate knows that she needs to see the “referta” signed by a member of your household. She should have asked to see it.
[Daphne – No, you’re wrong on that. The police just give you the notification sheet and that’s it. You don’t sign anything.]
You are right.
But, the “referta pożittiva” must be requested by the Magistrate.
Given that Valletta is full of residential parking, wouldn’t be a good idea to organise a park and ride special for court appearances, stopping in front of the court entrance?
Ta’ min jaghti hasla lil Saviour Balzan fuq il-kummenti negattivi tieghu lejn Simon Busuttil li ghamel fuq One TV.
Dan il-bniedem jahseb li hu xi haga u ghax imexxi gazzetta jahseb li lahaq is-sema.
Nahseb wasal iz-zmien li nibdew nirreferu ghalih bhala “The king of bile” ghax dejjaqna imaqdar dak kollu li ghandu x’jaqsam mal-PN.
Just ignore Saviour Balzan, he is so distasteful. When you hear him speak you can see the envy he carries with him, poor man. Envious of people who are successful in their careers solely out of their merits.
Kultant jiehu break minn Dalligate ghax nahseb anke u iddejjaq b’dan id-dewmien u l-prokrastinazzjoni kollha.
If the magistrate issued an arrest warrant the police would have submitted proof of summons.
[Daphne – It’s not an arrest warrant, Kevin.]
Mandat biex tingieb taht arrest.
F’dan il-pajjiz ghandna Pulizija li tahseb li n-nies huma biss numri u mhux nies umani.
Certu nies fil-Qorti jahsbu hekk ukoll. Hadd qatt ma’ jista’ jasal tard?
Meta l-magistrat ma’ jmurx ghax-xoghol u l-kazi jigu differiti hadd ma’ jinforma lil-imputati u jmorru ghal xejn u gieli jkollok tibqa tistenna ghalxejn.
Anke meta ma’ jitelghux il-Pulizija tkun mort ghal xejn u rari jittiehdu passi kontra l-Pulizija li ma jmorrux.
Tisma anke Pulizija jixdhu falz jew fuq detto del detto u ma jigri xejn anqas.
Ikun hemm anke prosekuturi li ma’ jkunu jafu xejn dwar il-kaz ghax mhux huma jkunu marru fuq il-post tal-incident. Dan jigri hafna fis-seduti tat-traffikku.
Fil-Qorti u fil-Pulizija hemm tahwid nobis.
Issa naraw kemm se jittrangaw dawn l-affarijiet.
You see, John Dalli was more clever. He produced a certificate saying that he is unfit to travel.
Il-Qorti taghti ordnijiet bhal dawn kontra numru kbir ta’ nies kulljum, izda ghax inaghtat ordni kontra Daphne gibniha anke fil-gazetti u fuq TVM ukoll.
Dik ugwaljanza!
Mela Daphne xi persuna b’xi kondotta kriminali jew ghamlet xi reat serju kontra l-istat?
Mohhok hemm ghax iridu jpatthulek…u l-ebda appointment jew promotion ma tpaxxihom daqshekk.
Ijja minnhom ha tibza nahseb! M’ghandiex ghalfejn tibza minnhom ghax ma ghamlet xejn hazin.