With reference to the article by Charlot Zahra entitled “Ban on judgement without reason – defence did not ask for it” (TMIS, 16 October, page 7), please be advised that there was no “ban on the publication of the judgement” delivered on Thursday 13 October 2005 by the Court of Magistrates as a Court of Criminal Judicature in the case involving drug importation and trafficking. As is the practice, an informal copy of the judgement was handed to the prosecution and to the defence as soon as the judgement was delivered in open court. The legal requirement of publicity is satisfied by such pronouncement in open court.

What the court ordered – and similar orders have been made in the past – was “li l-isem ta’ l-akkuzat, il-kariga tieghu u fejn jahdem ma jigux imxandra fuq l-ebda sura ta’ medja.” Such an order does not require that it be “fixed (sic!) to the notice boards at the Law Courts as stipulated by law”, as erroneously stated by your correspondent.

In order to give effect to the court’s order, it was necessary to edit the copy of the judgment that is uploaded on the website of the Ministry of Justice. This accounts for the delay in the judgment appearing on the website. Incidentally, although judgements of the courts are, as a rule, always uploaded on this site, there is no legal requirement to do so. In the case to which your correspondent refers, there was no ban on publication therefore, saving the limitations imposed by the court’s order, the judgement is in fact available on the said website.

Paul Miruzzi

Acting Registrar

Criminal Courts and Tribunals