“The record will now be examined by my office to determine whether any further evidence needs to be collected. It is only after having concluded that no additional evidence is required that my office will be in a position to decide how to dispose of the proceedings, whether by Bill of Indictment, by charges before the Court of Magistrates or otherwise according to law,” Dr Camilleri said on Thursday.

Asked to state what maximum sentence for the charges against Zahra would be, Dr Camilleri said: “Since the maximum punishment to which the charges in question would be liable at law depends on too many variables, which themselves depend on the facts as these will result from the evidence produced, it will only be possible to estimate the maximum sentence when all the evidence has been produced.”

Zahra, 50, from Marsascala, is accused of filing a police report against innocent people, spreading false news that could alarm the public, simulating an offence, fabricating evidence and false news, and defaming several people.

Dr Camilleri did say, though, that contrary to what was stated in last Sunday’s report, “the penalties due for the charges in question remain the same whether the same charges are decided by the Criminal Court or by the Magistrates’ Court”.

However, The Malta Independent on Sunday had consulted legal sources before publishing that report.

After the magistrate hearing the compilation of evidence rules there is sufficient prima facie evidence for the accused to face charges, the record of the proceedings of the case is sent to the Attorney General’s office.

The law stipulates that the record of the proceedings must be passed to the Attorney General within three days of the prima facie declaration. In the case of Joe Zahra, the prima facie declaration was given by the Magistrates’ Court on 13 August.

On receipt of the record, the Attorney General’s office examines the evidence and has to decide whether to continue with the case within 30 days.

However, in most cases, the Attorney General’s office decides that more evidence needs to be collected and sends the record of the proceedings of the case back, within the 30-day limit with the request that more evidence is gathered.

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