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Magistrate voices concern over late reports
A magistrate voices his concern over court expert reports being regularly filed late in the proceedings, arguing this could raise issued in future sittings.
7 November 2013, 12:00am
Chris Mangion
Chris Mangion
1 min read
Magistrate Carol Peralta commented on the regularity at which court expert reports submitted by the police are filed after the conclusion of the process verbal, which could lead to issues being raised by defence lawyers in future sittings.
A Scene of Crime officer exhibited a report consisting of 22 photos from an identification parade. The Magistrate noted the report should have been included in the process verbal. Defence lawyer Edward Gatt reserved the right to challenge the inclusion of the report in the case documentation. Prosecuting office Chris Pullicino argued the report could not have been exhibited earlier as the accused had been arraigned following the identification parade.
Magistrate Peralta was hearing the compilation of evidence against Libyan Ismael Habesh, 42, and Tunisian Faical Mahouachi, 42. The two stand charged with the murder of transvestite Simon Grech, of Siggiewi, in Marsa in 2005.
Court expert Martin Bajada, took the stand and exhibited a number of reports concerning the analysis of various mobile phones seized by the police in the course of their investigation.
Subsequently, Inspector Pullicino informed the court that two other witnesses summoned for today had not turned up at court, and the police had also failed to trace another two witnesses. "One of them changed his address and the family living at the residence have been there for more than a year," the officer said.
The case was postponed for 21 November.
Chris Mangion is MaltaToday’s photojournalist, joining the newspaper in 2013.
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This shows more proof that our courts are incompetent and out of tune with the rest of the world. Irresponsible police work and a Magistrate who should have issued a subpoena for those two witnesses to be found and brought in to court with in an hour. This is a very small island and people can be found very quickly. The idea of lawyers and witnesses not showing up for a case is a disgrace and an insult to the courts. This shows the incompetence by the courts because they encourage such misbehavior. If the lawyers are a no show them under a contempt of court and fine them heavily if they do not show up when they are supposed to. The courts have to say "The buck stops here" and act on it. I hope the Magistrate will make a note of this on 21 November.
