Momentum expresses ‘serious concern’ over recent court decisions
The decisions 'show a worrying disregard for the public interest, transparency, and fundamental rights'
Momentum has expressed “serious concern” over recent court rulings, including a suspended sentence for a woman who had an abortion, a 'gagging’ order against Times of Malta and a publication ban on the name of a man who sexually assaulted a cleaner.
Last week, a 28-year-old woman was handed a suspended jail sentence after pleading guilty to having an abortion, after she sought hospital treatment due to experiencing pain. She was subsequently reported to police.
And on Monday, a court approved a request from lawyers representing a 59-year-old Swiss man who sexually harassed a cleaner, to ban the publication of his name on grounds it could damage his political career.
The same day, a court heard an urgent court injunction against Times of Malta at the request of e-money firm Papaya, a day after sending questions to the company.
In a statement on Thursday, Momentum said the decisions “show a worrying disregard for the public interest, transparency, and fundamental rights”, while calling for justice reforms to prevent such instances in the future.
“These cases... all point to a pattern of decisions that favour secrecy and power over fairness and accountability”, the party said.
The case of the woman “sets a precedent for individuals who may use illegal substances and require urgent care but are now afraid to speak about what they have consumed in fear of prosecution”, it said.
“Momentum finds it deeply disturbing that in Malta, a citizen must now be cautious about what they disclose to their doctor”.
Contrasting the woman’s case with that of the Swiss man granted anonymity, the party said it was “unacceptable that a woman seeking help is punished while a man with power is shielded”.
“Such actions damage the credibility of the legal system and send the wrong message about justice and accountability.”
Turning to the injunction placed on Times of Malta, Momentum said it represented a “direct attack on press freedom and the public’s right to information. This move raises serious concerns about censorship and the use of legal instruments to silence journalists”.
Momentum executive member Matthew Agius said the three cases “are not isolated but form part of a broader trend that is eroding trust in Malta’s institutions”.
“Citizens are growing increasingly disillusioned with a system that appears to protect the powerful while punishing the vulnerable”, he said.
“Moreover, we are witnessing a situation where some individuals escape accountability for serious crimes because the government is effectively legalising illegal behaviour through the simple payment of fines”, in apparent reference to recent proposed planning reforms.
The party called for “urgent reforms” preventing doctors from disclosing medical records without consent and the cessation of affording politically exposed individuals “special protection when they commit crimes”.