The Malta Independent 24 June 2025, Tuesday
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May Justice reign!!

Malta Independent Sunday, 2 January 2011, 00:00 Last update: about 15 years ago

Last July I was taking my daughter for her twice-weekly appointment to a physiotherapist in Sliema. Like many drivers, I drove carefully past the stop sign just by the roundabout at the foot of Bisazza Street. Suddenly I heard a police siren. Thinking that the police had received an urgent call and were signalling for me to get out of their way, I moved to the side. A policeman came out of the mobile squad car telling me that I should have stopped at the stop sign. I sat rather shaken, while the policeman took my particulars, I wondered whether speaking would make matters worse. I thought I would be receiving a fine for not making a complete stop. But I was told that I would have to appear in court in front of a magistrate. I was dumbfounded. Why? What serious crime had I committed?

At the end of September another policeman came home to give me the court summons. The stapled citation included two affidavits by the policemen. I was accused not only for not stopping at a stop sign, but to my disbelief they said that I had been driving at excessive speed, driving negligently, dangerously and without care (bi speed eccessiv, b’mod perikoluz, bla kont u traskurat), of being a danger to people walking in the area by the cafes and of almost hitting the police car hadn’t they been alert/quick enough. I was utterly shocked! I could not explain the policemen’s affidavits to my 13-year-old daughter.

Anyone passing through that road knows one cannot drive fast, let alone at excessive speed. Being a mother of two (one was a passenger in my car), driving excessively fast, dangerously or recklessly is never an option. The policemen’s affidavit stated that I was stopped in front of Burger King − this clearly shows I could not possibly have been driving at the alleged excessive speed. Driving at excessive speed would have meant being stopped much further along The Strand!

I sought help of a well-known lawyer who explained that multiple accusations are common for the police to ensure that at least one accusation holds and the driver does not get away scot-free. I was asked to take photos of the area, which would clearly show that I could not possibly have been driving at the alleged excessive speed. I felt confident that I would be charged only for what I actually did, that is, not making a complete stop by the sign, and not for anything else.

Mid December, together with my lawyer, I appeared in court as ordered, and without giving my side of the story (because seemingly it would have made matters worse if I did), I was fined a total of €175 together with suspension of my driving licence for a week. Two of the accusations were withdrawn, without the policemen excusing themselves with me. It seemed that my character, past track record and integrity as an honest, law-abiding citizen did not make any difference.

I left the courtroom reeling from shock! I felt I had been bullied by the very same system I thought would be fair and uphold law and order. What hurts me is that this seems to be the unfortunate experience of many.

Some family and friends were surprised by the judge’s harsh ruling, while others said that I should thank God, for I could have been given a harsher penalty for what I was accused. Why should I have received a harsher penalty, when only one accusation was true? I was prepared to be fined only for not making a complete stop. Why should we common, law-abiding citizens be treated so harshly? Who is gaining by hurting the innocent and upright? Where is the citizen’s right to a fair hearing? It makes me wonder… would this have happened had I been a tough guy and argued with the policemen? If I, a middle-class person with a certain background was treated so invisibly and unfairly, what would be the fate of the lower class, refugees, etc?

Sharing the same disappointment of a child after learning that Father Christmas is not real, I’ve come to realize that the idea of the police corps and judicial system being there to protect us citizens is a fairytale. No wonder people like Fr Mark Montebello have spoken so strongly about this. I am now more fully aware that unfortunately this is the experience of many of those who in some way or another end up in court.

I write to show my solidarity with all those who have been or are being unfairly treated. Our value as individuals is worth far more than what is judged in our courts.

I am so grateful that The Judge up above does not use the same measures when we face Him with our lives. Thank God that the good one does in this life is valued so differently in the next.

May 2011 bring peace, joy and good health to all.

Maria Sant Fournier

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