LESA employees are paid from the monies collected from citations. Personally I don’t know if this situation is a stimulant for employees to be more vigilant and effective in giving citations. If what was announced in the news is correct, then this situation is very precarious and also subject to very different interpretations.

It appears that although this Institution is an Official Government Entity, it is not financed by the Administration.

So my first question is this. “Who and what happens if there are not enough monies to issue their pay packets at the month’s end and who is held responsible? Will the LESA Administration approach a bank for financial support? Will the Central Administration help in financing the LESA Employees?

This is a million dollar question which needs clarification and answers.

Upholding the Law

It must be said that the majority do uphold the spirit of the law and only give citations when and if it is actually required, people will grumble but will still go and pay the fine. That will be the end of the matter and I am sure that the individual concerned will be much, much more careful not to make the same infringement in the future.

This is the normal procedure and the one that the normal citizen accepts and obeys.

Tribunals

A citizen can write an objection to LESA complaining that they didn’t receive a fair citation. In all cases bar none, a reply by the LESA Office will be delivered to the individual stating that their submission was not accepted and that they will have to go in front of a tribunal to continue with their complaint.

I personally did go once to a tribunal in Malta, and believe me I thought that I was at the “Inquisitor’s Court.” Individuals were made to wait outside, only the accused was allowed in, surrounded by officials/police, etc. A policewoman, not very polite and very gruff, directed the people entering the tribunal.

If, and anyone dares to raise an objection, one is immediately silenced and rebuked. It is wise to keep one’s mouth shut or otherwise one can receive another citation for being troublesome.

In the absolute majority of cases the appeal is not accepted, so one comes to the dilemma of deciding if one should continue with the case or not.

This will require more financial costs than the fine itself would have amounted too. So what will a person do? It will be a “Hobson’s” choice. More further worries? More court appearances? More costs to the lawyer even if one wins his case in court? More time or days dedicated to just one court case?

All of these questions and worries come to one’s mind. But if one knows and believes in one’s own innocence, that is being aggravated by the citation, what shall one decide?

A very difficult decision. Advice from one side will say “Go for it.” Others will say “It’s not worth the trouble, just pay the fine and be done with it.”

Usually the fines will be paid BUT the individual grievance will continue to foster unto her/himself.

The Spirit of the Law

Due to Covid-19 the Government has issued by-laws stating that all citizens should and must wear face masks when outside in the public. This by-law is essential for one and all. Those going out shopping – walking or socialising are required to wear face masks at all times.

Wardens, Police and other Officials are obliged to enforce this by-law and ensure that these regulations for the general good of the public are obeyed and observed. This is only right and as it should be.

Those individuals that abuse these by-laws and infringe them must be issued with a citation. This is as it should be and is of course necessary for the general welfare of the public.

The LESA Officials, Police and Government Officials are obliged and have a duty to see that these strict Instructions are followed and obeyed.

That is the law.

However, I am sorry to say that some overzealous LESA officials are going further in this regard. One is hearing of several cases when housewives are being given a citation for taking their garbage bag outside their own house.

If a warden is passing by when a housewife is just putting a garbage bag outside her own house without even thinking of wearing a face-mask, she is immediately issued with a citation. I believe this is not fair and that this citation does not follow the spirit of the by-laws.

These individuals had just stepped outside their house to put the garbage out, there was no contact with any other people.

So why the citation? What was the reason? Letters of protestation have been written to the LESA head-office, but in all cases, bar none, these objections have been refused.

Is this Justice? Are these citations in keeping with the spirit of the law?

I do not personally believe that these citations are “Just” or “Right.” I believe that the LESA Officials are overzealous and are not following the spirit of the law.

New Cannabis Laws

Individuals are going to be allowed to smoke cannabis and grow up to 4 plants in their residence, but are not allowed to put a garbage bag out without a face mask on, this is just ridiculous and extremely stupid.

When the Government makes adjustments to certain laws and by-laws, I do very much suggest and insist that in such instances true justice and common sense should most certainly prevail.

Words come cheap but action is much harder to achieve in reality.

What is right is right, what is wrong is wrong, this issue is one of the wrongs. Citizens are complaining loudly about these citations and I believe that they are fully justified in doing so.

Lino DeBono.

Gozo