interview



Emmanuel Mallia
A life at the courts

When talking at some length with Emmanuel Mallia, one can clearly see that he has a deep-rooted interest in politics, as well as a love and dedication for his legal profession.

As a litigator in criminal trials the colourful and well-known lawyer spends a large part of his professional life in the courtrooms, and he tells me that he feels that politics and court cases should be kept well apart.

In fact, Dr Mallia is far from comfortable when he sees the two aspects overlap on a national level.

"Every day one hears politicians from both sides commenting on one or more particular trials and worse, taking positions," he says. "How on earth could such accused be given a fair trial?"

He points out that the newspapers also comment way before a trial starts, and in fact some of the media start commenting about a case, during and sometimes even before, the compilation of evidence stage of the proceedings.

"We have had recent unfortunate experiences, where persons accused of criminal offences have been judged and sentenced by some of our politicians and the media, before such accused could actually have had their cases heard and decided by a Court of Law," he says. "This is tantamount to pre-trial prejudicial publicity."

I ask Dr Mallia specifically which cases he has in mind.

In reply to this, he answers that he feels strongly on two aspects; firstly that it would he unfair and unethical to mention cases which are still sub judice and secondly that, as a rule, the professional defence lawyer has only one forum in which he should air his views.

I ask him how he views the success he has achieved in his profession and he stresses that success does not come by itself. "Success is earned through hard work, study, preparation, determination and great sacrifice," he says.

Although all lawyers have cases that stick in their mind, Dr Mallia refuses to comment on any in particular when questioned on the subject.

"It is not fair for the client to have his case mentioned by his own lawyer after it is decided," he answers.

When I ask him whether he has moral problems taking on any case, Dr Mallia replies that every person has a right to a legal counsel and for a proper defence of his case, according to law. "Defending a criminal case does not mean that the lawyer is in favour of the crime with which the client is accused," he says.

"The lawyer's brief is to ensure that his client gets a fair hearing and that the evidence which is produced by the prosecution in support of the charge is admissible according to law. If such admissible evidence does not prove the guilt of the accused, then he should be acquitted."

He also stresses that of course he is against murder and would understand how the victim's family and friends feel.

"But one has nonetheless to analyse the facts of the case to examine what were the circumstances and what frame of mind that person acted in the commission of that crime," he explains.

Dr Mallia has made known his interest in politics, but I want to know whether he ever taken his interest any further, even if just on the fringe?

"Yes," he answers. "In 1971 the Nationalist Party lost the election and the party wanted to implement a restructuring operation.

"I was then about to start studying law and was more than happy to have the opportunity to actively give a helping hand. The sectional committees of the PN started working immediately and although hailing from Sliema, I was elected as secretary in the first year and as president after that, to the Gzira sectional committee. I was later also elected as president to the tenth electoral district committee and was instrumental in pioneering the set-up of the Gzira PN Club and premises, of which I was president for five years."

He explains that during his studies he joined the law firm of the current President of Malta, Guido De Marco.

Prof. De Marco, who was then already a prime politician, obviously influenced Dr Mallia who started to attend Nationalist Party political rallies and meetings.

"But I was soon put off by what I then perceived as the back-stabbing agenda in local politics. This kept me away from further active involvement," he admits.

He adds that the size of the island also presents problems for politicians.

"In Malta, politicians are popular while they're elected and they are only respected while they are in power, which is a thankless task," he comments. "The amount of time they spend in Parliament and the homework they ought to do, especially when debating legislation and attending to the needs and demands of their constituents is massive."

Although he is great friends with Prof. De Marco, actively helping him in his last two election campaigns, Prof. Mallia stresses he has companions on both sides of the political divide.

In fact, it is often said that Dr Mallia is seen walking in Delimara in the company of a famous politician...is this true, I ask him with a smile?

"Over the last 10 years I have often been invited to lunch by the former Premier, Dom Mintoff and we do meet from time to time and walk together to his favourite spot where he has his daily swim," he answers. "Although there are some things which we do not agree upon, Mr Mintoff is a very interesting person to talk to, one can learn a lot from him, whether or not you agree with him politically. And of course, he also has such great personality."

Turning to the subject of EU membership, Dr Mallia says that he believes Malta has to eventually join what is, after all, one of the biggest blocs in the world.

But he stresses the importance of ensuring the right conditions are achieved. And conditions, in one certain sphere, are of particular interest to Dr Mallia, since he is the lawyer of the Federation for Hunters, Trappers and Conservationists, as well as being a great enthusiast of the sport, although he doesn't have time to practise it.

Aware that there are opponents to hunting, Dr Mallia stresses that the majority of hunters and trappers abide by the law, while he, together with the Federation founding members and officials, such as Joe Perici Calascione, Lino Farrugia and others, have helped the Federation to grow and gain greater respect.

But something he does try to make time for is his Gozo retreat.

"I love Gozo," he admits. "I have a lot of friends there. I like the beautiful, picturesque countryside and seaside, the simple and slow pace of life and the people. I do not only spend my free time there, but also I do a lot of my studying in the place I have Sannat."