Contempt of court fine against correctional services director quashed
He had been fined for failing to take a prison inmate to court on time
A Court of Appeal has annulled a €1,000 contempt of court fine imposed by the Magistrates' Court on the director of the Correctional Services Agency for failing to take a prison inmate to a court sitting on time in January.
Magistrate Monica Vella had ordered the director to pay the fine within 24 hours. The court held that the information provided by the agency to the court registrar was nothing but an excuse in a bid to avoid the consequences for failing to take the inmate, Paschalino Cefai to court in Gozo on time.
The director appealed, saying that the fine was unjust and unfounded at law. He argued that the agency's officials were not present in court and therefore they could not be found guilty of having acted in contempt of court.
It was also argued that the director never received the decree by which he was fined. Doubts were raised on whether he could be ordered to pay the fine within 24 hours given that the law allowed a two-day period for an appeal.
The director also argued that the incident could not be attributed to him since the facility could not be held responsible for the way ferry trips were held.
The Court of Appeal observed that no article of the law was cited when the director was found in contempt of court.
The court held that the presiding magistrate could not find and condemn the director of the Correctional Services Agency to pay a €1,000 fine. In this case, the court had to order the Registrar of Courts to initiate contempt proceedings against the director.
The Court of Appeal therefore upheld the appeal and annulled the decree. Chief Justice Mark Chetcuti presided, alongside judges Robert Mangion and Simone Grech. Lawyer Miguel De Gabriele from the State Advocate's Office appeared for the director of the Correctional Services Agency.