A judge has recommended that all summary proceedings before the Magistrates’ Court are audio recorded so that there will not be “useless delays” and possible issues of a constitutional nature if cases are appealed. 

Madam Justice Consuelo Scerri Herrera ordered that Justice Minister Edward Zammit Lewis be notified of her judgment so that all proceedings before the lower courts are audio recorded and transcripts made easily available. 

The judge voiced concern over the matter following an application by a man who was appealing a conviction over a traffic collision case.

Noel Abdilla’s lawyer, Stefano Filletti, had filed the application in November after witnesses, who had testified before the Magistrates’ Court, were needed to testify again since their testimony in the collisions sitting had not been recorded, as was the normal practice in summary proceedings before the Magistrates’ Courts. 

The accused, who had chosen not to testify at that stage, argued that unless he was allowed to testify at the appeal stage, his rights would be prejudiced.

Those who had testified before the Magistrates’ Court could possibly sort out any weak points in their original depositions and would also have insight of the accused’s line of defence, the appellant’s lawyer argued. 

Allowing the appellant to also take the witness stand would spare him prejudice and subsequent recourse to constitutional remedies, Dr Filletti argued, stating that the claim was in the best interests of justice. 

Drawing a parallel to a football match, Dr Filletti had pointed out that recordings are watched to review something that would have gone wrong. 

Since the Court of Criminal Appeal was “reviewing” the case by hearing witnesses afresh, then the accused was to testify, even if he had chosen not to first time round, so as to ensure a fair trial, the lawyer insisted.

Madam Justice Scerri Herrera decreed that the court would first hear the other witnesses and then decide whether the appellant’s testimony would be needed “in the interest of justice.”

However, the Court pointed out that the lack of recordings of summary cases was causing the Appeal Court to act outside its role of revising rather than rehearing cases, leading to “useless delays” and constitutional issues. 

All proceedings before the Magistrates’ Courts needed to be recorded so that in case of appeal, the transcripts would be easily available, said the Court, ordering a copy of the decree to be notified to the Justice Minister.