Court hits out at Attorney General's 'archaic system' after unnecessary delays

Magistrate Francesco Depasquale has this morning hit out at the Attorney General repeated failure to consent to court proceedings, arguing that a case which could have been decided in a few months ended up taking over a year – all this due to the “archaic system of laws benefitting the AG.”

The case saw 36-year-old Oswal Francis Natalin Bennetti stand accused of causing grievous bodily harm to his partner Christina Joyce and her 12-year-old daughter, of disturbing good order and public peace, and of threatening the girl.

The case occurred on 1 December 2012, when the accused got into an altercation with his partner and her daughter. The court heard how the girl punched the accused and, acting in self defence, Bennetti lifted his hand to block her punches, accidentally injuring the girl in the process.

The row saw the police intervene who, notwithstanding Joyce’s plea not to press charges against her partner, charged the accused anyway.

Prior to deciding on a case, the court must first receive the consent of the Attorney General. But in what is normally straightforward, this consent was never forthcoming for at least a year.

Instead, despite the court having heard all witnesses, the AG asked the court to hear the evidence again. This eventually saw the Court express its “serious concerns at the unnecessary delay” - to which the AG responded by reporting the Court to the Commission for the Administration of Justice.

Subsequently, the court had to bow down to the AG’s request and reheard its witnesses on 9 January 2014 – 16 months after the charges were brought against the accused.

In the decree announced today, the Court of Magistrates, presided over by Magistrate Francesco Depasquele, acquitted 36-year-old Oswal Bennetti of all charges, ruling that the accused had acted in self-defence.

Lawyer Joe Brincat was defence counsel.