Environmental crime cases shelved after removal of presiding magistrate – BirdLife

by Gozo News · November 28, 2023

BirdLife Malta has claimed that environmental crime cases in court “have been shelved indefinitely due to the removal of the presiding magistrate.”

Two months down the line, BirdLife Malta said that it is requesting “immediate attention by the Chief Justice on the urgent need for the appointment of new magistrate to handle such cases.”

In a statement on Tuesday, BirdLife Malta said that in two separate letters sent over the past weeks to Chief Justice Dr Mark Chetcuti, it has explained that the “void left by the removal of Magistrate Dr Elaine Mercieca Rizzo from the responsibility of handling environmental crime cases, and the subsequent delay in appointing a replacement, is taking its toll on the efficient handling of environmental crime in Malta.”

The NGO insisted that apart from the backlog of pending cases that is continuing to grow, the situation is also affecting birds that remain caged until the court determines the outcome of specific cases, with the chances of these birds surviving upon release diminishing significantly.

BirdLife Malta said it recently encountered a distressing incident involving a Greater Flamingo that remains caged until the court determines the outcome of the case.

BirdLife Malta highlighted the fact that “as time passes and the legal process extends, the chances of the bird’s survival upon release diminish significantly.

The NGO added that it is “disheartening to witness the potential loss of such a magnificent creature due to avoidable delays in the court system.”

BirdLife Malta explained that the letter also said that the situation casts a spotlight on Malta at European Union level, particularly when considering that Malta is currently facing infringement proceedings by the European Commission for its perceived lack of enforcement in environmental matters.

It pointed out that “failing to address the issue promptly not only perpetuates a negative image for Malta but also undermines the country’s commitment to upholding environmental legislation and international obligations.”

Following the first letter, BirdLife said that the Chief Justice’s office replied that there will not be a replacement prior to the appointment of new magistrates.

This unsatisfactory answer triggered the second letter in which BirdLife Malta expressed its concern that since most environmental crime cases have a short period to be heard, some might become time-barred.

It would be wrong if justice is not served because of logistical and administrative shortcomings, stated BirdLife.

BirdLife Malta concluded by saying that “in light of all this, the Chief Justice was requested to give immediate attention to the matter and take prompt action by ensuring the appointment of a replacement magistrate to handle environmental crime cases – something which is crucial to ensuring the swift administration of justice and the effective deterrence of environmental offences.”