Environmental Crime Cases Shelved In Court Due To Removal Of Magistrate
Environmental crime cases have been shelved in court because the presiding magistrate was removed, meaning that there is and will be no progress on the prosecution of environmental crime cases.
So, BirdLife Malta is urging the Chief Justice for an immediate replacement.
These cases have been shelved indefinitely and this has been going on for over two months, the NGO said, following the removal of Magistrate Elaine Mercieca Rizzo. Now, there is no one to handle these cases.
“This is taking a toll on the efficient handling of environmental crime in Malta,” BirdLife said.
The backlog of pending cases continues to grow, while the lack of judicial oversight just exacerbates the threat that environmental crimes have on Malta’s natural heritage, the NGO’s CEO Mark Sultana stated.
The first letter sent by the NGO received a response from the Chief Justice’s office that allegedly said there would not be a replacement prior to the appointment of new magistrates. This prompted BirdLife to send a second letter.
In its letter, the organisation highlighted the close collaboration between BirdLife and the Malta Police Force when it comes to providing information that leads to the successful apprehension of offenders. The NGO meticulously follows all cases in court, frequently being called upon to testify as witnesses.
Meanwhile, Sultana continued to illustrate the urgency of the matter to the Chief Justice with a specific case.
“Recently BirdLife Malta encountered a distressing incident involving a Greater Flamingo that remains caged until the court determines the outcome of the case. As time passes and the legal process extends, the chances of the bird’s survival upon release diminish significantly. It is disheartening to witness the potential loss of such a magnificent creature due to avoidable delays in the court system.
Moreover, the letter continues, this situation casts a spotlight on Malta at European Union level, particularly when considering that Malta is currently facing infringement proceedings by the European Commission for its perceived lack of enforcement in environmental matters. Failing to address the issue promptly not only perpetuates a negative image for Malta but also undermines the country’s commitment to upholding environmental legislation and international obligations.
Following the first letter, the Chief Justice’s office replied that there would not be a replacement prior to the appointment of new magistrates. This unsatisfactory answer triggered the second letter in which BirdLife Malta expressed its concern that since most environmental crime cases have a short period to be heard, some might become time-barred. It would be wrong if justice is not served because of logistical and administrative shortcomings.
In light of all this, the Chief Justice was requested to give immediate attention to the matter and take prompt action by ensuring the appointment of a replacement magistrate to handle environmental crime cases – something which is crucial to ensuring the swift administration of justice and the effective deterrence of environmental offences.
What do you make of the Chief Justice’s inaction?
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