'Do your courts usually hide the names of guilty people?'

A court’s decision to ban the publication of the name of a man found guilty of sexually harassing a hotel worker to protect his reputation has been met with confusion by legal experts and the Swiss media, as well as anger by women’s rights activists.

The 59-year-old Swiss national was handed a two-year prison sentence suspended for three years last Monday, after pleading guilty to sexually harassing a cleaner.

Magistrate Leonard Caruana approved the defence’s request to ban the publication of the accused man’s name on the basis that he is a politically exposed person, and the incident could have a serious impact on his career.

Times of Malta spoke to various legal sources to get their views on the ban, issued under Article 517 of the Criminal Code, which empowers judges and magistrates to impose a blanket ban on “any writing” about criminal cases before them.

In the past, the article has been used to ban the publication of the names of convicted criminals such as sex offenders, but primarily to safeguard their victims.

Retired judge: This was a strange decision

One retired judge, who spoke under the condition of anonymity, said he had never heard of the article in question being used in such a way.

“I know of no legal basis upon which this injunction can stand,” the retired judge said, explaining that the original purpose of the article was to prevent trials by jury from being unduly influenced.

“That is how this provision was invariably interpreted in my days, not to protect reputations.”

The person added that the prohibition must be announced to the media before the termination of proceedings, that is, before a verdict is delivered.

Describing the decision as a strange one, another retired judge said he would have put a ban on the publication of the victim’s name, but not on the guilty man’s.

“If he really was a politically exposed person, that is even more reason to publish his name.”

Asked whether the decision could be used to justify a ban on a Maltese politician’s name if they were convicted of a crime, the judge said that would be the obvious strategy for their lawyer.

“A local politician could argue in court, ‘You protected a Swiss man’s reputation, but you won’t protect mine?’”

He added that if the Swiss media discovered the identity of the man and published it, the Maltese courts would struggle to exert their authority over a foreign jurisdiction.

A lawyer who spoke to Times of Malta said that while the implementation of Article 517 was at the sole discretion of the magistrate or judge, this was the strangest interpretation of the article he had ever encountered.

Swiss journalists who contacted Times of Malta were also astonished by the decision. Trying to understand the legal system in Malta, one asked, “Do your courts usually hide the names of guilty people?”

Decision is appalling – women’s lobby

Anna Borg, the chairperson of the Malta Women’s Lobby, said the NGO was “appalled” by the court’s decision.

“Why are we protecting this guy? He should be exposed. It’s unacceptable and the court is giving the totally wrong message,” she said, adding that she was concerned the verdict could set a precedent for Maltese politically exposed persons to have their names banned from publication.

Borg also noted that workers in the hospitality industry were particularly vulnerable to such crimes.

Last week, Victim Support Malta slammed the ban on the publication of the accused’s name, saying it sent “a harmful message”.

It is understood that the man arrived in Malta on August 2. The following morning, a cleaner at the Corinthia St George’s Bay hotel was cleaning his room when he asked for a coffee, which she brought for him.

She finished cleaning the room and began cleaning the opposite room. The man followed her out and requested a bottle of water. 

The woman returned to his room with the water and found him naked. While she tried to leave the room, the man grabbed her and began kissing her neck and face.  She eventually managed to get out and find another employee before reporting the guest to the hotel’s HR department.

On Thursday, The Centre, the centre-right party in whose name the man had contested an election for the Ascona City Council in the Canton of Ticino, said it had acknowledged media reports regarding his conviction. 

“The Centre believes that criminal convictions for sexual harassment are completely incompatible with the honour required to carry out any political activity and expresses its sympathy and solidarity with anyone who has been a victim of similar behaviour.”

The party said that while the person in question does not and has never held any office both public or within the party, it had asked its Ascona Section to immediately initiate measures to exclude him from the party. 

Meanwhile, Swiss tabloid newspaper Blick reported on Wednesday that the man had deceived the courts into believing he was ‘politically exposed’.

“That was, to say the least, a gross exaggeration. The small business owner is neither politically nor professionally exposed. His political career consists solely of his running for a seat in the municipal parliament of Ascona, Ticino, for the The Centre party last year, where he was completely unsuccessful,” the report says.