Court expert up in arms as government slashes fees

Forensic psychiatrist Mario Spiteri has denounced government's decision to slash fees charged by public officers who due to their expertise are engaged as court experts.

Spiteri - who runs the Corradino Correctional Facility and Mount Carmel Hospital forensic wards - claims that "government has arbitrarily decided to slash the fees, and expect experts to work for a pittance, but it's okay for ministers to take a €500 per week wage rise."

Details of Dr Spiteri's protest emerged during a court sitting last week, when police officers told Magistrate Edwina Grima that a professional forensic report on a woman accused of murder cannot be submitted due to an "administrative problem raised by the expert."

Spiteri's report is said to be a crucial part of the criminal proceedings against  Tamara Gennadievan Boubekova who stands charged with her daughter's murder in February 2011.

The forensic psychiatrist's objections to the new regulations were also reportedly taken before the Court's administration by Magistrate Edwina Grima, and unless another forensic psychiatrist is found, the courts cannot have an independent assessment of the accused' state of mind before being referred for trial.

Speaking to MaltaToday, Mario Spiteri said that according to the new regulations for civil service, government will automatically slash 50% off the charged tariff for the court expert's report, and once that money is paid, an additional 35% in tax is deducted.

"That means that from a €100 report, the professional is left with a mere €15, stripping any expert from his obligation to be neutral in judgement," he said.

The Public Service Management Code was amended in March 2011.

In a paragraph under the heading 'Service as Court experts and advice to third parties' it explains that "public officers engaged on a whole time basis are to request permission from their Permanent Secretary to give expert advice or other service in court in respect of specific cases which they do not deal with in the course of their duties. These officers are allowed to retain a part of the fee assessed by the court as follows:

"75% that is allowed to be retained for the first €2,329.37 in fees, and 50% for fees in addition to the first €2,329.37."

A government spokesman said that the decision to review the payments to court experts who are appointed from within the public service is only fair.

He said that "any public officer, who would receive such appointments would generally use public time and government equipment and office space to compile such reports."

In his comments to MaltaToday, Dr. Spiteri said that he has also received correspondence from the justice ministry calling on him to refund the difference of the monies paid to him by the court last year.