Nothing unconstitutional in law converting unpaid court fines to jail time, judge rules

A judge has thrown out a constitutional case in which a convicted drug trafficker contested the law that allows unpaid fines to be converted into jail time.

Gordon Micallef had been jailed for a total of 36 months in 2019 after being found guilty of trafficking ecstasy on two separate occasions. He was also fined a total of €4,300. His €500 bail deposit and €10,000 personal guarantee were also forfeited.

Micallef had three years in which to pay the total amount of more than €15,000.

In his application to the First Hall of the Civil Court, the man argued that it was impossible for him to pay the fines during his incarceration and that he had found it very difficult to find employment upon his release. He had been doing all he could to work and support himself whilst paying the fines but had not been able to.

His lawyers argued that the law did not allow Maltese courts to extend the payment period for the fines beyond three years from the date of sentencing and gave an advantage to financially well-off individuals over those struck by poverty.

The Criminal Code stipulates that unpaid fines are to be converted to jail time at the rate of one day of imprisonment for every €25, whilst unpaid bail guarantees are converted at a daily rate of €11.65.

Micallef’s lawyer argued, amongst other things, that this was an arbitrary and unjustifiable discrepancy and that the automatic confiscation of his bail security breached his fundamental right to a fair hearing, as it left the courts with no discretion in the matter.

Mr Justice Grazio Mercieca, presiding the First Hall of the Civil Court in its constitutional jurisdiction, observed that the law was “clear and predictable” about the difference between the two rates.

“There is nothing unreasonable that a fine is converted to imprisonment at a rate of €25 per day if the fine is not paid,” said the judge, noting that both the European Convention on Human Rights and the Constitution of Malta authorised detention for failing to observe a legally valid court order, in this case the payment of a fine.

The judge added that the balance in the law was strengthened by the fact that the maximum prison sentence for failing to pay court fines was capped. Fines under €7,000 cannot be converted into more than six months of jail time.

“Truly there is nothing arbitrary or illegal about the applicant spending 65 more days in prison for failing to pay a €2,300 fine and another 57 days for not paying a €2,000 fine,” the judge said, going on to declare that the three-year term for payment was not arbitrary or unreasonable.

Neither was it illegal, arbitrary or disproportionate that one loses a bail deposit or personal guarantee for an offence committed whilst on bail, said the court. It was noted that he had been convicted of aggravated possession of ecstasy whilst on bail for ecstasy trafficking.

Imprisonment for a maximum of one year after failing to pay the sum of €10,000 he had bound himself to the court to pay as bail security for a grave crime, was also not arbitrary or unreasonable, the judge added.

Moreover, Micallef had chosen not to continue with employment in a prison-worker scheme, noted the court. “Once the applicant chose the path of criminality and continued down it even after being given a chance to change his direction, he is to blame for the consequences upon himself. He cannot blame the law. Neither is it the case that he is being discriminated against because he is not rich.”

In the criminal law sphere, clarity and predictability are necessary, the judge said, dismissing the applicant’s argument that the law itself reduced the independence and impartiality of the judiciary.

The court dismissed the case with costs to be borne by the plaintiff.

Lawyers Christopher Said and Larry Formosa appeared for Micallef.