Momentum: Recent court decisions highlight disregard for public interest and transparency

Momentum has voiced serious concern over a series of recent court decisions, which it says reveal a worrying disregard for public interest, transparency, and fundamental rights.

On Thursday, Momentum cited three separate incidents: the conviction of a woman who sought medical assistance after a self-managed abortion, the court’s decision to grant anonymity to a politically exposed man who sexually harassed a hotel worker, and a gagging injunction placed on the Times of Malta preventing it from publishing an investigative story.

“These three incidents are not isolated but form part of a broader trend that is eroding trust in Malta’s institutions,” Momentum executive member Matthew Agius said. “Citizens are growing increasingly disillusioned with a system that appears to protect the powerful while punishing the vulnerable.”

In the first case, a 28-year-old woman was handed a suspended sentence after taking abortion pills and seeking medical help. She was reported to the police by hospital staff and subsequently prosecuted. Momentum described the incident as “deeply disturbing,” arguing it sets a dangerous precedent that discourages individuals from seeking medical assistance out of fear of legal consequences.

“This judgment raises serious ethical questions,” the group said. “It puts citizens in a position where they must now be cautious about what they disclose to a doctor.”

In contrast, the group noted, a politically connected individual who pleaded guilty to sexually harassing a hotel employee was granted anonymity by the court, reportedly to safeguard his professional reputation. His identity remains protected despite his conviction.

“It is unacceptable that a woman seeking help is punished, while a man with power is shielded,” the statement read. “Such decisions damage the credibility of the justice system and send the wrong message about accountability.”

Momentum also condemned a recent court injunction placed on the Times of Malta, which temporarily blocked the newsroom from publishing a story about an e-money institution allegedly breaching anti-money laundering laws. The gagging order was issued before the article had even been drafted.

“This is a direct attack on the public’s right to know,” Momentum said. “Using legal instruments to pre-emptively silence journalists is an affront to democratic values and undermines the role of the media in holding power to account.”

Agius added that such cases illustrate a broader trend in which serious offences are effectively being neutralised by the payment of fines or legal loopholes.

Momentum has called for urgent reforms to address these concerns. Among its demands are stricter safeguards on medical confidentiality, an end to special legal protections for politically exposed persons, and stronger judicial commitment to freedom of the press.

“Without serious reform, public confidence in Malta’s institutions will continue to erode,” the group warned.