Less than 24 hours after a magistrate reprimanded him for breaching the Law Courts’ security regulations, lawyer Toni Abela once again refused to be scanned and appeared before another magistrate who, this time, said the lawyer was not guilty of contempt of court.
The two different decisions on the same issue were handed down in the space of just one day by magistrate Michael Mallia on Tuesday and magistrate Antonio Mizzi yesterday. On Tuesday, Dr Abela appeared before magistrate Mallia for refusing to be searched on his way into court in breach of legal notice 128/06.
Magistrate Mallia said there should be no distinction between lawyers and ordinary people and everyone must follow security procedures in the best interests of everyone. He said these security procedures had to be respected by everyone, regardless of their profession or grade. He let off Dr Abela with a stern warning and called on the Law Courts director to be more sensitive towards the needs of lawyers.
Yesterday morning, lawyers were being invited to jump the queue but were still being subjected to a search. When Dr Abela arrived in court, a police officer who was looking out for lawyers invited him to jump the queue. But Dr Abela replied that he did not want to jump the queue and instead he went inside the building through the exit point.
Although he was stopped by the same police officer, as well as principal court marshal Frans Fenech, Dr Abela insisted that he did not want to jump the queue and he was ushered towards the court room presided over by Magistrate Mizzi.
Some time later, while Dr Abela was still fuming in the courtroom, Mr Fenech came back and informed him that if Law Courts director-general Vanni Galea insisted, he would have to appear before magistrate Mizzi.
When magistrate Mizzi arrived, Dr Abela explained that he did not want to be subjected to a search or have his personal items scanned. He also told the court that he felt uncomfortable about jumping the queue.
At the end of the discussion, magistrate Mizzi said Dr Abela was not guilty of contempt of court and he cleared him of the charge. After Dr Abela had left, he returned and asked the magistrate to hand down his decision officially. The magistrate acceded to this request.
The magistrate noted that, along with the principal entrance to the Law Courts, there was also another entrance in Santa Lucia Street, that is only used by lawyers and legal procurators who are in possession of an identification card issued by the Chamber of Advocates, for which they have to pay.
Magistrate Mizzi said he believed that this created discrimination between some lawyers and others, who are all court officials. He said it would make more sense if all lawyers and procurators are provided with this card, free of charge, making it possible for them to enter the Law Courts through the secondary entrance rather than the main one where they will be subjected to a search.
He said legal notice 128/06 did not stipulate which entrance had to be used by lawyers and legal procurators in order to gain access to the Law Courts. He said Dr Abela was not guilty of contempt of court and cleared him of the charge.
Magistrate Mizzi ordered that a copy of his decision be sent to the Justice Minister, the Parliamentary Secretary and the Law Courts director-general. When it was suggested to him that a copy should also be sent to the Commission for the Administration of Justice, magistrate Mizzi said that that was not necessary for now and added that “…this was the beginning of a lot of trouble”.