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With reference to the article by Dr Anna Mallia appearing in last Sunday’s edition of your paper, and her queries about whether or not court cases will be held during the CHOGM meeting, I am directed to inform you that on the 10 September 2005 the Commissioner of Police wrote to the Chief Justice requesting that no sittings of the courts involving police officers be held during the period between the 22 and the 28 November. The Chief Justice in turn sent a circular, dated 14 September advising all Magistrates and the Judges of the Criminal Court and Court of Criminal Appeal to act in accordance with the Commissioner’s request. A copy of the letter and of the circular are herewith enclosed.
Contrary to popular belief, as the law stands the Chief Justice (and, for that matter, the Minister of Justice) has no power to order that no court cases be held on a particular day or on particular days. The Chief Justice can only advise or recommend, but it is ultimately the individual magistrate or judge who has to decide whether the sitting is to be held.
Paul Miruzzi
Acting Registrar
Criminal Courts and Tribunals
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