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Prison Lawyer Defending Wardens In Inmate’s Negligent Death Is An Army Officer, Magistrate’s Brother, And Represents Controversial Blogger

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Mario Mifsud is a man who wears many hats. He’s the lawyer of Malta’s prison, its director and officials, a private lawyer of a controversial blogger, an army officer, and a magistrate’s brother – and legal sources are warning this is creating a major conflict of interest just as the spotlight intensifies on the Corradino Correctional Facility.

Mifsud, who is the brother of Magistrate Joe Mifsud, denied any such claims when previously speaking to Lovin Malta. However, legal sources maintained there exists a real imbalance of power.

As the lawyer of Corradino Correctional Facility and its director, Colonel Alex Dalli, Mifsud has already represented the two wardens set to face charges over negligence in the death of a female inmate.

This, sources warn, presents a major conflict in Mifsud’s regard, who may feel pressured to ensure that the wardens absolve Dalli of any responsibility in the case, despite leading the prison with an iron-fist.

Meanwhile, Mifsud, who also works as a private lawyer, represents controversial lecturer-come-blogger Simon Mercieca. Mercieca, on his part, has been vociferously defending Dalli and slamming his critics in recent weeks, just as pressure intensifies on the director.

In recent weeks and days, Mercieca has run “exclusive” reports dismissing serious allegations against the director and the reportedly inhumane treatment some inmates are facing.

The female inmate, Kim Borg Nicholas Virtu, allegedly suffered intense bullying and isolation tactics while in the prison’s walls – with her father looking to file a constitutional case against the state and the director.

Deaths in prison have become a stain on Dalli’s tenure, with an independent inquiry now set up following the suicide of yet another inmate, who took his life weeks after the incident involving Borg Nicholas Virtu.

Sources previously warned that it should be deemed fundamentally inappropriate for a private lawyer to work for Malta’s prison, given the conflicts that could arise.

It has also raised concerns over his relationship with prison guards, with Mifsud landing into hot water earlier this year over an argument he had with CCF representatives during a court sitting. The issue has been settled internally.

Mifsud’s position as a member of Malta’s Armed Forces also raised eyebrows with some questioning the ethics in a private lawyer also working within an enforcement and investigative arm of the state.

Mifsud’s brother, Magistrate Joe Mifsud, headed an inquiry into claims of alleged illegal pushback from AFM officers and the government against irregular migrants. It remains to be seen why Mifsud did not recuse himself from the case.

However, Mario Mifsud insists that he only occupies a low-rank position within the army and has fulfilled his duties and responsibility at all times.

“I state to only be a hard worker. A people’s man. A sport. I decide to help anyone (without any distinction) who requires legal assistance, that is why I became a lawyer. I represent victims, accused persons and persons involved in civil proceedings.”

On whether his relationship with a magistrate presented some sort of conflict of interest issues, he insisted that while he had represented him in a case once before, he was precluded from appearing before him.

Do you think there is a conflict of interest?

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Julian is the former editor of Lovin Malta and has a particular interest in politics, the environment, social issues, and human interest stories.

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