Couple protest at court marshal's failure to execute order

A Valletta couple yesterday filed a judicial protest in the Civil Court against the justice minister and the director general of the law courts over a court marshal's failure to execute a warrant of eviction.

Carmelo and Josephine Difesa claimed the Magistrates' Court had issued a warrant to evict Anthony and Doris Bezzina from premises at St Paul's Bay.

The Difesas had made great efforts to communicate with court marshal Joseph Azzopardi who was to execute the warrant against the Bezzinas but he had refused to fulfil his duties and execute the warrant and had raised a number of pretexts, including that the Bezzinas were going to file an application to suspend the eviction proceedings.

After much time, the Bezzinas had requested the suspension of the warrant of eviction, but their request was dismissed by the courts and the warrant of eviction was confirmed.

When the Difesas again made efforts for the court marshal to execute the warrant, the marshal again began to make excuses not to fulfil his duties.

When he finally agreed to execute the warrant, the Bezzinas filed a medical certificate, and the court marshal again refused to execute the warrant of eviction.

The Difesas referred the matter to the director general of the courts and the latter ordered Azzopardi to execute the warrant according to law.

But Azzopardi again refused to execute the warrant, and claimed that the warrant was in violation of the Bezzinas' fundamental human rights, the marshal thereby assuming the functions of a constitutional court.

According to the Difesas, the marshal's refusal to execute the court order was tantamount to ridicule of the court's authority, and was neutralising the court's decisions.

They added that it was up to respondents to ensure that judicial decisions were enforced, otherwise the judicial system would collapse.

The Difesas concluded their protest by holding respondents liable in damages.

Dr José Herrera signed the protest.