Magistrate hits out at 'frivolous' perjury charges

A magistrate has expressed concern at the practice of immediately filing police reports against witnesses who allegedly give false testimony, calling it “ a serious abuse.”

In a judgement handed down today, in which he acquitted veterninarian Frank Galea of committing judicial perjury in the case of Gozitan sheep farmer Ganni Attard, due to lack of evidence, Magistrate Joe Mifsud took the opportunity to condemn the practice, which he said was taking the place of police making a prior, sober examination of whether they had good reason to press charges.

This was leading to the “wasting of precious court time and unnecessary expenses to the persons involved.”

“This court is not going to be a party to this stupid and scandalous pique, where persons expect to dictate what is said and done in these halls.”

He said judges, the police and lawyers had a responsibility to ensure that the courts did not end up being a forum for increased pique and vindictive actions against those who did their duty, while rewarding those who used threats and litigation.

The magistrate appealed to the police, asking them not to be influenced by any pressure, including that by the media.

Lawyers, too, should not bow to pressure to begin court proceedings when they knew that their clients were not right, the court said.

The magistrate said that it was high time for lawmakers to give the courts the authority to punish persons responsible for filing blatantly frivolous and abusive proceedings.

With regards to the case against the veterinarian, Magistrate Mifsud held that no evidence of perjury had been exhibited.

A simple conflict in evidence tendered before to the courts did not automatically mean that perjury had been committed as witnesses always testify to what they perceived, which is always subjective.