Junior Minister Owen Bonnici held a press conference on Thursday, in which he announced that several measures related to the reform of the justice system were to be implemented as soon as the bill in question becomes law.
The measures that are to be implemented will bring our justice system a little closer to what one might expect to find in any modern country in the 21st century.
One of the most important issues which will be radically overhauled is the right of the rights of those under arrest. It actually beggars belief to think that police have until June 4 to implement the following: Informing arrested persons of their rights, access to a lawyer prior to interrogation, access to legal aid, the right to information on the reason for arrest, the right to an interpreter and the right to remain silent.
Some of these are already in vigore in some form or another – but they are not cast in stone. One can only hail these developments as being very positive and the parliamentary secretary is absolutely correct in dubbing them revolutionary.
As the parliamentary secretary put it, it is all about striking a balance, insomuch as fighting crime and safeguarding the rights of those suspected of committing a crime. To this end, the Whistleblower act will be extended to include all crimes: an accomplice to a crime who is ready to testify against the principal actor of the crime and who is placed under a witness protection programme will now be able to testify at any stage of criminal proceedings.
This, again, is positive as it will help to eradicate the culture of Omerta that is prevalent in Malta, and especially Gozo. Offering this incentive will help to bring about more convictions and solve more crimes. It will also allow the accused to be able to plea bargain – a concept that has already been introduced – in terms of giving more information about “bigger fish”.
There are numerous other amendements, such as harsher punishments for people accused of sexual offences against minors and to allow people accused of a crime to change their plea to guilty at any stage in proceedings – again with the possibility of plea bargaining.
It is all very positive, and there are many more measures, but we still have a long way to go. We still need to devise a proper system where judges will be answerable to a sharper board in connection with ethics and behaviour.
There is also the issue of dragging the creaking dinosaur that is the law courts into the digital age. And perhaps the government ought to rethink the use of parole and community service. Another issue which goes hand in hand with judicial reform is the treatment of drug addicts – and their rehabilitation.
The government has taken a lot of flak over several issues, but this, surely – cannot be one of them. This reform was long overdue and can only bring about positive results.