Democracy and the tragic tale of two lost laptops

There is a reason why the place in the law courts where evidence is kept is called a strong room – it is intended to be a high security location with limited access because the stuff inside is crucial to ongoing cases. 

Without the evidence, potential criminals can walk free because the prosecution would have little to work with. Justice is seriously compromised when important evidence goes missing. 

So, it is gravely worrisome that in a matter of a few weeks, two laptops went missing from the court’s strong room. This is not something the authorities should take lightly. 

Short of gross incompetence, losing or even misplacing evidence, is outright criminal since it interferes with the justice process. It not only threatens to breach the accused’s right to a fair trial but undermines society’s right to see justice meted out accordingly. 

Whether these two laptop incidents happened by mistake or by design, heads must roll at the Court Services Agency. And if the case necessitates, criminal action should be taken against the person or persons who are obstructing justice by ‘losing’ these electronic devices. 

The police must not shy away from throwing the book at anyone who may be directly or indirectly involved if criminal intent results from their investigation.  

The justice system has had to deal with its fair share of credibility issues over the past two decades – a chief justice and two judges found guilty of bribery in separate cases. The last thing we need now is an administrative system that ‘loses’ evidence from the strong room. These incidents undermine the credibility of the justice system to the detriment of society. 

On the other hand, if part of the problem is linked to a lack of human and material resources, it falls on government to provide the necessary funding. 

The law courts need a fully-digitised system of records that allows traceability of files and material evidence. Justice Minister Jonathan Attard has said the agency has started negotiations for the introduction of a new system of electronic labelling of court exhibits. The process needs to be speeded up lest it drags on for months. 

But people working with the Court Services Agency should be properly vetted. It is ironic that we have a rigorous process to appoint someone a judge or magistrate but people working with members of the judiciary and who get to see and handle sensitive information and material are ordinarily employed. 

Court officials need to understand the importance and sensitivity of their privileged roles. They have to ensure the information they come across as a result of their work is kept secure and confidential at all times. 

The loss of two laptops from court has become the butt of many jokes. Let us face it, it would be funny had it not been so tragic. 

In these circumstances, the Justice Minister must take the bull by the horns and make it clear to the Court Services Agency this is an unacceptable situation, which has to be remedied now. 

Attard did appoint an administrative board last month to conduct a thorough review of exhibit custody and make recommendations to improve handling procedures and security. The fact that a second case of missing evidence cropped up in the meantime is testimony to the seriousness of the situation. 

This leader agrees with the appeal made by rule of law NGO Repubblika that the minister must explain to the public what has happened; ensure those responsible for this grave situation are removed; say what he will be doing to make sure there is no repeat of these cases; and provide all the tools to have the evidence recovered. 

Additionally, the minister must also ensure the agency is provided with the necessary resources and personnel to function properly and in line with the seriousness that is expected of it. 

It is already tragic that evidence goes missing from the law courts. It is only made worse when this leads to the erosion of trust among the general public. The ability to trust the justice system is fundamental to democracy, which is why the government must act fast and decisively to put people’s minds at rest. Otherwise, criminals will rule the roost and that is not a prospect we, or any right-thinking person, desire.