Lawyer for legal aid replies to magistrate's comments

A lawyer for legal aid yesterday told a court he could hardly be expected to stand outside a court room waiting to be summoned, if he was needed, when he had other work to do.

Dr Leslie Cuschieri told Magistrate Noel Cuschieri that he had been in court till 12.15 p.m. on Tuesday when Magistrate Abigail Lofaro had complained that she rarely found a legal aid lawyer when she needed him.

The lawyer said he would have expected that someone from the magistrate's staff would have phoned him to tell him he was needed, as was common practice, rather than simply calling out his name three times outside the court room.

Dr Cuschieri spoke after requesting leave to dictate a response to a statement made by Magistrate Lofaro at the arraignment of Nigerians Benedicta George, 32, and Joseph Edokpolor, 31, after they requested the assistance of legal aid to help them contest the prosecution's claim that they were in Malta without the means to finance their stay.

Magistrate Lofaro on Tuesday pointed out that it was Dr Cuschieri's turn to be on duty but he had failed to appear after his name was called three times.

She then ordered that the case be sent to the court registrar and assigned to the next day's duty magistrate.

Magistrate Cuschieri yesterday heard the case, including Dr Cuschieri's statement explaining that he had been at the law courts performing other duties on Tuesday.

He also explained that he had not been phoned and alerted that he was needed, adding it was hardly fair to expect lawyers "to stand outside the court room of the duty magistrate just in case they are needed".

Dr Cuschieri requested that the Justice Minister be informed of the matter.

Meanwhile George and Edokpolor admitted to being in Malta without the means to finance their stay and will be deported.

Police Inspector Sandro Zarb prosecuted.