Article 541 of the Criminal Code states :

541. (1) If, in cases where the exercise of the criminal action
is vested in the Executive Police, the Executive Police shall, upon any information, report or complaint in regard to the commission of a crime, refuse to institute proceedings, it shall be lawful for the person who laid the information, or made the report or complaint, to make an application to the Court of Magistrates for an order to the Police to institute proceedings; and if, after hearing, where necessary, the evidence tendered by the applicant, and the
Commissioner of Police, the court is satisfied that the information, report or complaint is prima facie justified, it shall allow the application and shall, through the registrar, notify the Commissioner of Police of the order given thereon:
Provided that, before any action is taken on any such
application, the applicant shall confirm on oath the information, report or complaint, and shall enter into a recognizance in a sum to be fixed by the court, to give his evidence at the trial, if so required, or to furnish any such evidence at his disposal as may lead to the conviction of the party accused:
Provided further that where the Attorney General by a note
declares that agreement has been reached with the ompetent authorities of another country that the courts of that country shall exercise jurisdiction over the crime the Court of Magistrates shall consider such declaration conclusive and shall forthwith dismiss the application.

Moreover, any citizen can ask a magistrate to investigate a particular incident or alleged violation of the law and record the evidence of the criminal act in question. If the enquiring magistrate holds that there is grounds for criminal action to be initiated, then, the case is referred to the Court of Magistrates for the compilation of evidence and eventual trial.

I agree but a very important question was missing . He should have asked the Comm of Police if he will be issuing charges agianst the persons who made the false report

Kien qed itemtem, rasu mghattna f’ghonqu u mitluf x’se jghid.

Nsomma, hasla broxk.

No, Labour is not vulnerable on the judiciary front. Quite frankly, it has been an incredibly gargantuan stroke of luck that the case landed on the desk of one good magistrate.

Joseph Muscat doesn’t lack the leadership abuse and high-handed techniques. As Daphne said, the context is now different. But make no mistake. Now it’s much, much worse.

Abuse is already rampant but it is much subtler. Isn’t it abusive that you are asked to leave your phone at the door when visiting a ministry or other? Isn’t the ARRIVA matter a serious case of abuse? Isn’t the Taliana matter a clear sign of abusive behaviour?

However, everything it subtler now.

Besides, everything is different now. Your typical Laburist Mintoffjan may not be the haddiem from Bormla. He may very well be the businessman who was raised by a family of Laburisti and now he is “coming out”.

But make no mistake. Labour is NOT vulnerable on the judiciary front.

When I read the reply filed by the Police yesterday on this site, I didn’t even check the signature because I assumed that a lawyer would be signing. A real lawyer, I mean, not a Police Commissioner with his legal procurator hat on.

But then I saw to my horror that it was signed by none other that Peter Paul Zammit himself. Never, ever have I come across any act filed in court signed by the person in whose in name it has been filed.

The AG’s office lawyers and the in-house lawyers are paid to represent all the organs of the State and its agencies in court and in litigation. Never, ever have I seen an act signed by the Commissioner of Police, even though the act may very well have been filed in his stead.

I saw the Commissioner of Police entering the law courts yesterday morning and I assumed he was attending the hearing to follow the proceedings. When I knew he was appearing PERSONALLY I realised that we have really hit rock bottom.

Perhaps your readers do not understand the importance of this judgment. What it says is momentous but it is a bold statement made by a relatively new magistrate that the courts have not yet succumbed to Labour.

The so-called justice reform measures must not be government interference disguised to look like reform when they are anything but.

Let us not forget that only a solid and sound judiciary can effectively protect us from abuse.

Can I come,can I come,I’ll bring my new Nikon and a micro lense.

‘entrepreneur described as a Nationalist party activist was the subject of numerous parliamentary questions last week, tabled by Labour MP Chris Agius to each individual government ministry.

….perhaps its a good thing the question was asked as they have established a benchmark for their own conduct.

It won’t … can’t you see how many people are still in denial?

Unless they can’t find a flight – then the per diem would be extended.

They will be on separate flights this time around