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James Debono
As Heads of State, monarchs and dictators converge to Malta to attend the Commonwealth Heads of Governments Meeting, it will not be business as usual in the law courts.
Acting on the advice of the police, the Chief Justice has called on individual judges and magistrates to defer cases in front of the Criminal Court between 22 and 28 November.
The police have called on the Local Council Tribunals to postpone its sittings.
Concern on the possible disruption in court procedures during the CHOGM conference was first raised by MaltaToday columnist Anna Mallia last week. “Without the presence of the police, no criminal cases can be heard,” Mallia wrote last week.
She also asked: “why summon the people to testify when the police and courts already know that during CHOGM it will be impossible for them to hold a sitting?”
Both the Police and the court registrar, in letters sent to MaltaToday, have proved Anna Mallia right.
The Police said the Commissioner had informed both the Law Courts and the Local Council Tribunals to postpone all sittings during CHOGM week. In his letter, the Commissioner asked the Chief Justice to exempt the police from attending court sittings because the police force will be fully engaged in security arrangements for CHOGM.
But it emerges that it is up to individual judges and magistrates to decide whether to postpone the sittings or not as the Chief Justice has no effective power to order them not to hold court sittings.
In a letter published in MaltaToday, acting registrar Paul Miruzzi states that “the Chief Justice has no power to order that no court cases be held on a particular day.”
But the Chief Justice has advised magistrates and judges not to appoint new cases requiring the presence of the police during the week, and to defer cases which have already been appointed.
Both the Chief Justice and the Police Commissioner have specified that their recommendation did not apply to urgent criminal cases. Civil cases which do not require a police presence would not be affected by CHOGM.
The disruption in the law courts is one of the consequences of the presence of 53 monarchs, sultans, dictators and other head of state converging in Malta for the Commonwealth Head of States meeting. The greatest concern is a disruption of transport due to the closure of roads.
But the police would not reveal any information on which other services will be disrupted by the conference. Just three weeks before the conference the Police have also said that they will only publish a notice on traffic arrangements at the appropriate time.
Public Transport Association president Victor Spiteri told MaltaToday that so far no consultation has taken place on how public transport will be affected during the days of the conference. The only change to be implemented so far has been the temporary closure of the Ghajn Tuffieha terminus, without any prior consultation with the association.
According to Spiteri, on the day of the closure tourists in Golden Bay were left stranded.
Spiteri, who has objected to this closure, also expressed his concern that if roads nearby the Golden Sands Radisson SAS hotel are closed, Manikata residents could end up cut off from the public transport network.
Asked whether school transport, which is partially offered by the Public Transport Association, will be affected, Spiteri replied that since no consultation has taken place he was not in a position to answer this question.
But the Ministry of Education has given its assurance that neither school transport nor the opening of schools will be affected by the CHOGM conference.
Transport between Malta and Gozo will also not be affected, managing director Marvin Fenech Adami told MaltaToday.
Neither those services offered by the civil protection department will be affected. “There will definitely be no interruption in the provision of public services given by the Civil Protection during CHOGM. If anything, they will be enhanced,” director Peter Cordina said.
The Armed Forces of Malta will however be stretched to the limits during the conference. Sources have told MaltaToday that although soldiers stationed in detention centres for irregular migrants will be working on daily 12-hour shifts, getting reinforcements in the case of an emergency will prove very difficult as the rest of the army will be fully dedicated to the CHOGM conference.
AFM Commander Carmel Vassallo told MaltaToday that the army’s preparations for CHOGM “are sensitive matters of national importance about which the less details are disclosed the better.”
But he also assured that the AFM’s core duties during CHOGM will not be affected: “no downsizing of such duties or services is being planned,” added the AFM commander.
MaltaToday can also confirm that a number of high-powered motorbikes imported to complement the police force fleet have finally arrived. Back in August MaltaToday had reported a shortfall of 30 motorcycles needed to escort the 53 heads of state.
jdebono@mediatoday.com.mt
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