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A precedent for the legal system

The magisterial inquiry into allegations of attempted rape by Police Commissioner George Grech created a number of firsts (precedents) for the legal system.

The inquiring magistrate accepted evidence by ‘affidavit’ when the normal practice is that witnesses are heard ‘viva voce’.

The magistrate allowed Grech to present his own list of witnesses. Normally it is the inquiring magistrate who determines who should be summoned to the witness stand. None of the parties involved is usually allowed to determine the course of the inquiry.

Legal sources expressed their concern at the AG’s decision because of the circumstances of the case.

Rape and sexual abuse cases are very sensitive because it is almost always boils down to the alleged victim’s word against the alleged perpetrator’s word.

In such circumstances the magistrate or judge’s discretion is a crucial factor because he has to arrive at a decision from what he sees in front of him. Jurors would also take note of body language used by the people concerned, mannerisms and facial expressions. These, along with other evidence will help determine whom the jury would believe.

The legal sources said that while Magistrate Hayman had the chance to reach her conclusions after meeting and seeing the people concerned, the AG reached his decision solely by reading the report presented by the inquiring magistrate.