Superintendent for Public Health Charmaine Gauci on Monday defended a decision to shut down the law courts for all but the most urgent cases, saying the decision was warranted by the risks the COVID-19 pandemic posed.

Charmaine Gauci was testifying in court on Monday morning in a constitutional case filed by Yorgen Fenech against the State Advocate and the Public Health Authorities.

Fenech, who stands accused of complicity in the murder of Daphne Caruana Galizia and has been repeatedly denied bail, is challenging the constitutional validity of a public health emergency order issued by Gauci and his continued detention for an indefinite time.

Looking around the courtroom, Gauci observed that social distancing could not be maintained inside, with those attending the hearing, therefore, having to wear face masks. 

Declaring a state of public health emergency was warranted after imported cases of the COVID-19 virus had given way to local transmission, she said.

Asked about the risks Malta faced without such measures, Gauci said one only had to look at Italy. More than 30,000 people have died of the virus there. In Malta, five COVID-19 patients have died so far. Gauci stressed that this was thanks to the fact that local health authorities had safeguarded those deemed as vulnerable.

“Our health services would not be able to cope if the number of positive cases were to spiral out of control”, she said.

Law courts were suspended in mid-March, roughly one week after Malta reported its first cases. Proceedings have been at a halt for all but the most urgent cases since then. 

Gauci said it was the first time she had resorted to this measure throughout her “three years, five months” in office, adding that it was left to the discretion of the court to assess any particular case and decide whether it merited an urgent hearing.

As matters stood, she could not tell when the courts would resume operation, saying that it would not be prudent to say so. It all depended on future developments linked to the pandemic, she said.

Lawyer Charles Mercieca, who appeared on behalf of Mr Fenech, praised Gauci for her role throughout this pandemic.

However, State Advocate Victoria Buttigieg remarked that the latest application filed on Mr Fenech’s behalf clearly indicated otherwise. The application was critical of the Superintendent’s work, she noted. 

Charles Mercieca appears for Fenech 

Yorgen Fenech (left) and his new lawyer Charles Mercieca (right).

Meanwhile, the Caruana Galizia family formally informed the Court that they had asked the Commission for the Administration of Justice to investigate the sudden switch lawyer Charles Mercieca had made. 

Mercieca served as a public prosecutor until last week, when he resigned and joined Fenech’s defence team as a self-employed lawyer. 

The Justice Ministry described Mercieca’s decision as “insensitive”. 

The Attorney General’s office has declared that Mercieca had never been directly or indirectly involved in any of the cases concerning Fenech while working as a public prosecutor. 

However, the Caruana Galizia family called upon the AG to launch an internal inquiry to establish whether Mercieca had access to sensitive information related to Fenech's murder case.  

In a note filed before the First Hall, Civil Court in its constitutional jurisdiction, the Caruana Galizia family made reference to a letter dated May 7 in which they asked the Secretary of the Commission to refer the matter to the Committee tasked with disciplining advocates, so as to safeguard both the interests of the victim’s family as well as those of the legal profession, in general. 

The family want the Commission for the Administration of Justice to determine whether Mercieca’s actions amounted to a breach of lawyers’ Code of Ethics as well as criminal laws governing the legal profession.

Lawyers Jason Azzopardi and Andrew Borg Cardona, appearing on behalf of the Caruana Galizia family, formally brought the matter to the attention of Mr Justice Lawrence Mintoff on Monday. 

Fenech’s lawyers objected that the Caruana Galizia family lacked legal standing in the proceedings. Moreover, Mercieca minuted that he had never had anything to do with Fenech’s case when working at the AG’s Office.

The judge discarded the note submitted by the Caruana Galizia family. 

The case continues later this month.

Lawyers Gianluca Caruana Curran, Marion Camilleri and Charles Mercieca assisted Mr Fenech.