Hindsight is a wonderful thing
The Times, August 22, 2011
LAWYER MPs CALL FOR ‘RADICAL REFORM’ OF ARRAIGNMENT PROCEDURE
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.’——-
How about if you were to come up with some amazing radical reform ideas that make life better for the victims of crime, rather than the perpetrators for once, Franco?
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All this info is futile at this point. The article dates back to August 2011, journalists should have picked up on this earlier, not now just because he is in the spotlight.
They are futile at this point because they won’t change anything. They would have been useful should FD decide to contest the general election again, but definitely not in this case.
Its interesting how you tend to flood your own blog with posts over posts as soon as something go wrong, jeopardizing Gonzi’s position, yet I don’t recall the same situation when the Libya situation erupted.
[Daphne – You’ve got a poor memory, then, John. And exactly how am I the one who is jeopardising the prime minister’s position? Perhaps because I’m threatening to vote against him if he doesn’t resign?]
You criticized Gonzi briefly and very carefully “halli il-laburisti ma joqghodux jghidu li tattaka lilhom biss”.
[Daphne – Actually, I criticised him extensively and over a prolonged period of several months, encompassing the Libyan war and the divorce referendum. But it’s my experience that people register and remember only what they want to register and remember, rather than what is actually true and factual.]
Same goes for the divorce issue, I dont recall any posts with pictures of Gonzi with a pair of chicken wings attached, considering that he voted against the bill knowing that the majority of the population voted in favor.
[Daphne – One must tailor one’s criticism to the object and subject, John. The prime minister was deserving of the harshest criticism for certain decisions, but certainly not mockery and ridicule. People like Debono, on the other hand, invite ridicule. And they deserve it. A cock-fighting lawyer who carries his Form II report card around like a ‘santa’ and threatens to bring down the government because his great intelligence is not recognised? Please.]
The situation is what it is now. No ammount of blog entries will change it. FD knows that he holds the power now and he seems to be enjoying it. All we can do is wait to see what happens on Thursday, if FD is going to keep up with his word or not.
[Daphne – Pay attention, John. To know whether he’s kept his word or not you have to know what his word was in the first place. He’s a lawyer (and a poker player) so don’t go on what you think he meant, but on what he actually said.]
2012, the alignment of perspective.
Your daily maily reasoning is cute but the fact remains that a law was passed about eight yeas ago and never implemented resulting in mass releases of convicted criminals.
Your reasoning is flawed too.
The law was passed in 2002. The ECHR judgement which brought about this whole mess (Salduz vs Turkey) was handed down in 2005, three years later. It’s also good to note that France actually introduced the right to speak to a lawyer before interrogation AFTER Malta din.
So far no “convicted criminals” have been released, let alone mass released. There were no cases which were overturned on appeal because of this issue.
The few who have benefited from it are those who were arraigned in cases where the only proof against them was their signed declaration. Furthermore there has been no general direction from the Constitutional Court on whether a Court should disregard any such declarations. Every case has to be assessed on its own merits. Because of this, there were less than a handful of cases which were thrown out and the defendent found not guilty.
Overall, one can say that this matter has been blown completely out of proportion.
http://www.dailymotion.com/video/x1h3p4_page-plant-nobody-s-fault-but-mine_music
Franco : ‘ Mhux kulhadd irid jiekol.’
Ever heard of inOsent before proven guiltty you evil witch
Daphne – in a truly unbiased opinion, I believe Dr Gonzi’s downfall has been the reshuffle which was too little too late – after almost 4 years into the legislature, while keeping some rising stars in the wings for so long (and I am NOT referring to Franco Debono).
Clearly some “super ministries” were not functioning as they should have been. I’m truly shocked at Dolores Cristina’s reaction that she wept at losing the social security portfolio. Power really gets to people’s heads!
Another super-ministry, which in the past has always been two ministries, is Finance and Internal Investment, including AirMalta, EneMalta, Water Services and Malta Enterprise.
The first two entities are in great need of restructuring. These remain under the responsibility of the gaffe prone, average class accountant.
I am convinced that with a high flyer responsible for the economy, Malta could still have performed a lot better notwithstanding the economic circumstances.
All “we need to do” is just get a small percentage of German investment, where we already have a good relationship with this country. BUT the problem is that the person who leads this ministry has NO VISION.
Had the Maltese economy performed better by a couple of percentage points a year, over what was already achieved in the past four years, we would today have been in a position to reduce tax rates /increase tax ceilings – and hey presto, feel good factor and the election is won.
http://www.independent.com.mt/news.asp?newsitemid=138275
Noel Grima’s opinion piece is a very good analysis of the current situation, and give reasons why now is the worst possible time to call an election.
Similarly, compare Joseph Muscat’s 1998 slogan
From: http://www.timesofmalta.com/articles/view/20120115/local/Bringing-down-the-House-.402311
“Party journalist (now Opposition leader) Joseph Muscat says an early election would be a “win-win situation” for Labour in an article entitled ‘Better a day as a lion than 100 days as a sheep’.”
to:
http://www.ilduce.net/motti.htm
Is Muscat a closet Mussolini fan?
“We do not need them, we should never forget that we are a party that believes in values. We won the people’s confidence because he showed our worth. At this time we have to show that we continue to respect a person’s dignity, even when that person does not agree with us.”
Herrera/Musumeci/Debono/ Pullicino Orlando/Maltatoday…….
Web of Evil, I mean , of Enlightenment.
http://www.independent.com.mt/news.asp?newsitemid=138273
Grand article.
Proset and keep it up.
Before I read it, I thought that I was the only one to feel that Jean Pierre Farrugia was out of place in that list of cads gratuitously provided by the tooth-fairy. As far as I know, Farrugia was the only one of “the rebels” who refused categorically a promotion to shut him up when he conveyed in his own inimicable and forthright fashion his constutuents’ concerns.
According to an elve, the arrival on our shores of a small group of refugees is part of an occult strategy to delay the call for new elections.
http://www.maltatoday.com.mt/en/newsdetails/news/national/68-illegal-immigrants-escorted-to-Maltese-shores-20120115
“Posted by: Cikku il Poplu— 15/01/2012 14:53:44
Dawn jonqosna, ahna qeghdin sew kif ahna, sakemm mhux xi bdil ta strategija biex nkomplu nhambqu li ma m`ghandux jkolna elezzjoni ghalissa. “
Perhaps if we want real democracy, we should deny the right to vote to all those sent to prison.
Answer: Perpetrators of crime (alleged or otherwise), not their victims, pay lawyers’ fees.
Which means that Dr. Debono has a conflict of interest when he promotes the reforms that he claims in favour of those accused of crime.
Apologies to ask you something completely different – is this report true http://www.infowars.com/12000-u-s-troops-in-malta-ready-to-descend-into-libya/
and if yes, is this Franco Debono fracass a decoy?
[Daphne – Please, Katrin, I know you know Malta very well. Do you imagine it’s possible for 12,000 US soldiers to be hiding here undetected? They couldn’t even arrive undetected, let alone be housed undetected or move around undetected.]
Allow me also to say something totally new to this erstwhile jurist: the code of criminal procedure is the result of decades of experience of eminent jurists.
The problem with our laws today is not that they’re archaic but it’s because people like Franco Debono think they know the law when in fact they know precious nothing.
We cannot play with the law, patch it up and then expect it to work.
Besides, where was Franco Debono when the COCP was being butchered?
Laws are being amended without heed being taken of all the different laws which depend on one particular law. I am trying not to be too technical but how on earth can a 37-year old (I’m 34) be expected to be taken seriously when he is trying to change the codes which have been created over a period of 200 years?
How can Franco Debono, with one sweep of the hand, remove all the learned experience of jurists like Mamo, Antolisei and others, including English jurists, when he himself is not listening to all these learned jurists?
Any lawyer worth his salt knows that playing about with the laws is as dangerous and as pernicious as leaving dead letters in them. However, you cannot just amend to your heart’s content without taking heed of the circumstances.
You’re putting me off the colonel’s family meal.
Will you follow Gonzi’s instructions? No more personal attacks? will ya?
[Daphne – The prime minister does not give instructions to the media. His own party media, perhaps – but certainly not those who are not party employees. This is the Nationalist Party we are talking about – it understands free speech and democracy. With the Labour Party and its supporters, I can understand that there is more difficulty understanding this simple concept. Please read my latest post – that is, if you can.]