An inaccuracy in the way legal notices governing the various COVID-19 measures implemented by the government could see thousands who have been fined, walk away without paying a cent. 

The issue revolves around the use of the word “penalty” in these legal notices. While the term is perfectly understandable to anyone with a basic grasp of the English language, the term is not one contemplated by Maltese criminal law. 

This fact was successfully used by Jacob Magri, a paralegal at Azzopardi, Borg & Associates, in overturning a fine dished out to a client of his, who broke an order for mandatory quarantine and was subsequently fined.   

The client was handed a €3,000 fine on the basis of Legal Notice 72 of 2020, which states that anyone who does not adhere to the measures laid out in the notice is “liable to the payment of a penalty of three thousand Euros (€3,000)”. 

Similar language is used in other legal notices imposing the obligation to wear face masks as well as those limiting public gatherings.

Magri claimed before the tribunal deciding cases related to fines that it was clear that the legal notice served the purpose of creating a criminal offence, which according to Malta’s criminal code can take either the form of a “crime” or a “contravention”. 

The law further specifies that the punishments that can be meted out for such offences include a fine (multa) or a fine (amenda). As a result, it is unclear which of the two categories the penalty defined in the legal notice falls under. 

Speaking to Lovin Malta, Magri said that had successfully overturned a fine handed out a client of his by referring to this point. 

“In tribunals, it isn’t common for us to raise issues related to a point of law,” he said, adding that such sittings are normally centred around points of fact. “But in this case, I made my argument and it was accepted by the commissioner presiding over the sitting.”

Magri acknowledged that other commissioners might interpret the law differently and reject the argument, adding however that the law didn’t leave much room for manoeuvre.  

“There is a fundamental principle of nulla peona sine lege, which means that there can be no penalty without a law to that effect,” he said.

Lovin Malta has reached out to the Justice Ministry for clarification but no reply has so far been received.

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