Proceedings against two men suspected of vandalising a historic Qormi cross were off to a false start on Thursday on account of a recent legal amendment concerning the manner of prosecution.

The father and son were due to be charged under summons on Thursday but before the case was called, the court, presided over by magistrate Joseph Mifsud, was informed that the prosecution was to withdraw the charges that would be re-issued in line with a legal amendment that came into force on October 1.

That amendment had brought about some changes to the manner of prosecution of offences. 

The executive police “shall not on or after the 1st October 2021, institute or pursue any prosecution” for certain crimes listed in the notice and that list included “willful damage or destruction of cultural property” in terms of the Cultural Heritage Act. 

This meant that charges would now be issued in the name of the republic rather than the police, explained prosecuting inspectors Joseph Mercieca and Stacy Attard.

The centuries-old cross, known as is-Salib tad-Dejma, on the outskirts of Qormi, was at the centre of media reports after it was targeted by vandals, sparking anger among residents and politicians. 

The Qormi council had also condemned the vandalism, stating in a Facebook post that the damage occurred after it was announced that the cultural monument would be restored. 

Lawyer Shazoo Ghaznavi is counsel to the father. Lawyers Franco Debono and Francesca Zarb are counsel to the son.