Lawyers rendered 'paranoid' by changing sentences

A lawyer has complained about what she says is a seemingly increasing trend for court judgments to change in the time between them being delivered in the courtroom and the lawyers receiving a copy.

Lawyer Veronique Dalli made the complaint during a habeas corpus sitting this afternoon, saying that the situation had led to “paranoia” amongst lawyers, who are now requesting judges and magistrates to give them copies of the judgments as soon as the sitting ends.

Dalli made the request after it emerged that a sentence delivered by Magistrate Claire Stafrace Zammit, condemning a young man to two weeks' imprisonment for breaching bail conditions, had for reasons unknown been amended to include a revocation of his bail.

The youngster, whose name cannot be published on the orders of the court, had been arraigned before magistrate Charmaine Galea on theft charges and granted bail.

However, on the 14 February, he was arraigned once more, for breaching his bail conditions. In the resulting judgement, the court sentenced the boy to two weeks' imprisonment, but the Director of Prisons had refused to release him after serving this sentence, as in his copy of the judgment, a disposition revoking the youth's bail had been added.

Dalli had then filed the habeas corpus action, arguing his arrest was illegal.

The court heard lawyer Anne Marie Cutajar, from the office of the Attorney General, explain that the phrase had been added “due to an oversight when the sentence was being typed.”

Inspector Kylie Borg testified that she had been present in Magistrate Stafrace Zammit's courtroom when the sentence had been handed down and confirmed that there had been no mention of revocation of bail.

Magistrate Aaron Bugeja held that it was clear that what Magistrate Stafrace Zammit had handwritten in her judgement was not that which was eventually printed and that therefore the valid judgement was that which she had delivered verbally in court.

The magistrate upheld the habeas corpus request and ordered the youth's immediate release.

Deputy Attorney General Philip Galea Farrugia also represented the public prosecutor. The accused was also assisted by lawyer Dean Hili.