The majority of lawyers have expressed themselves against the new procedure whereby their briefcases, and other personal possessions, have to be scanned, as well as being searched whenever they entering the Court of Justice.
Speaking to The Malta Independent on Sunday on condition of anonymity, the lawyers said they should not be treated like criminals. After all, they go to the Law Courts to work and do not see why they have to waste time queuing to enter their workplace.
Lawyer Toni Abela, who is also against the new security procedures, has on several occasions refused to have his personal items scanned, as well as being subjected to a body search by security personnel before he entered the Law Courts.
Last Tuesday, Dr Abela appeared before Magistrate Michael Mallia charged with contempt of court for failing to adhere to Legal Notice 128/06 which includes a clause on security procedures in court.
Although he was let off with a warning, Dr Abela made his point quite clear in court. He said it was “offensive” that he has to be searched every morning. He said that he has been a practicing lawyer for 22 years and did not feel the need to be subjected to a security check every time he entered the Courts of Justice.
Magistrate Mallia said there should be no distinction between lawyers and ordinary people and everyone must follow security procedures in the best interests of all. He said these security procedures had to be respected by everyone, no matter their profession or rank. He let off Dr Abela with a stern warning and called on the Law Courts director to be more sensitive to the needs of lawyers.
The following day, lawyers were invited to jump the queue but were still subjected to a search. When Dr Abela arrived in court, he said he did not want to queue-jump and was once again charged before Magistrate Antonio Mizzi. However, this time, Magistrate Mizzi said Dr Abela was not guilty of contempt of court and cleared him of the charge.
The magistrate noted that along with the principal entrance to the Law Courts, there was also another entrance in Santa Lucia Street, which 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.
He said he believed that this created discrimination between some lawyers and others, who are all court officials. He added that 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.
Dr Abela entered the Law Courts using another entrance for the rest of the week.
Several lawyers who spoke to this newspaper also share Dr Abela’s view. They insisted that they should be given special passes with which they would be able pass through a fast lane to enter the Law Courts.
The lawyers said the security check is no security check at all since no one really scrutinised the images on the X-ray machine anyway.
A security officer at the Law Courts told The Malta Independent on Sunday that a few lawyers –just two or three – thanked him for ensuring that they are entering a safe place. He said he could not understand why lawyers were making such a fuss on the issue.
One female lawyer said that if the authorities wanted to introduce security in the Law Courts, the first place that has to be tackled is the Family Court where lack of security is rife and where lawyers are constantly at risk.
Legal Notice 128/06 is a list of rules of the court to ensure good order in the Courts of Justice.
This legal notice states that no one is allowed to sell any food or other things within the precincts of the Courts of Justice, or bring food or beverages inside the court. It also lays down that people are not allowed to smoke in the Courts of Justice or disturb court sittings in any way.
The legal notice also states that people are not allowed to keep any ringing mechanisms switched on inside any courtroom and that children under the age of 13 are not allowed except when they are summoned as witnesses before a court or any other tribunal sitting.
It also states that people are not allowed to enter the Courts of Justice without complying with the security procedures in force as established by the Director General (Courts).