Robert Abela: ‘A Magistrate Explained To Me Why Courts Give Lenient Sentences’
Prime Minister Robert Abela said that the tendency of Malta’s courts to give lenient sentences to people found guilty of serious crimes has its roots in concern that the convict could file a successful appeal.
Addressing a political rally in Birkirkara this morning, Abela recounted a recent conversation he had with an unnamed magistrate.
“They told me that while the law allows them to give harsher penalties, experience has shown that the guilty party is likely to file an appeal. The chances are that the Court of Appeal will reduce the penalty as a result of previous sentences which leaned in that direction.”
Abela urged the courts to stop being “anchored to decades-old trains of thought” and to change their sentencing policy to ensure people found guilty of serious crimes are given harsher sentences.
“The goal of a penalty is to deter crime and to reform the guilty party. I feel that the deterrence aspect hasn’t been emphasised enough in a number of sentences.”
However, he praised magistrate Donatella Frendo Dimech for her recent decision to deny bail to two 16-year-olds who have been charged over an unprovoked gang attack on a 15-year-old boy in the streets of Valletta.
“Only a heartless person wouldn’t have felt concerned for their children’s safety after what happened in Valletta,” Abela said. “However, I felt comforted when I saw our security forces act immediately to arrest and prosecute [the accused] and when the courts understood it had to send an important message over an incident that left a direct victim and shocked society.”
“That’s the kind of message I want the institutions to keep on giving. They must pull the same rope in favour of maintaining order and security and safeguarding citizens. I understand there will be challenges in this sector like there are in every country but the government’s strategic direction is to keep investing strongly in security. Our central message must be in favour of security – those who fail must understand that they will pay a heavy price.”
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