State needs to wake up and address probation and parole officers strike, lawyer tells court

Three months into ongoing industrial action by probation and parole officers and with no end in sight, the situation’s impact on the administration of justice is being felt, prompting a defence lawyer to remark that it was about time that the government tackled the issue.

The issue assumed prominence during the arraignment on Wednesday of a 39-year-old man from Swieqi on charges of intimidation and harassment directed at his partner and daughter.

Police Inspectors Omar Zammit and Christian Cauchi arraigned the man, a medical service engineer, before Magistrate Nadia-Helena Vella, accusing him of causing his partner and daughter to fear violence, as well as harassing them and insulting and threatening the mother. The prosecution asked the court to issue protection and restraining orders in favour of the two women.

Defence counsel, lawyers Franco Debono and Marion Camilleri, informed the court that their client would be admitting to the charges but needed help in tackling an overriding obsession with his partner, who had left their shared home without warning. “He needs help to come to terms with this, also because of the child that they have in common.“

Inspector Zammit explained that the woman had ended the relationship in January, but that the defendant had not been able to accept the situation. He seconded the defence’s request that the man receive psychological treatment. “I don’t see that a prison sentence would be helpful for anyone involved at this stage.” Protection and restraining orders would be required, however, added the inspector.

Lawyer Diane Galea, representing the woman and child as parte civile, insisted that any release from arrest be made subject to guarantees.

Inspector Zammit suggested a probation order of maximum duration.

Debono agreed with the suggestion, remarking that probation orders had been created for this very purpose.

“In my experience dealing with domestic violence,” inspector Zammit went on, “probation orders tend to be more effective than suspended sentences. The most important thing is supervision.

But the Magistrate pointed out that probation officers were currently on strike, and had been so since January. 

“It is the State’s obligation to provide these services, as it is a service contemplated by law,” Debono objected  “It would be good if the State were to awake from its slumber, after three months, and start to address this issue.”

In view of the defendant’s guilty plea, the court sentenced him to probation for three years, in tandem with a treatment order and a restraining order.