The director of prisons said that he was “adamant” in his decision not to grant leave to an inmate to marry, claiming his refusal was backed by evidence of a constant pattern of “anti-social” behaviour by the man.  

Alexander Dalli, who assumed directorship of the Corradino Correctional Facility a year and a half ago, was testifying in a constitutional case filed by Meliza Muscat and her boyfriend, Yousef Essesi, claiming that the director’s refusal to allow them to tie the knot was breaching their fundamental rights. 

“I have nothing against him marrying but because of his totally undignified behaviour in jail, I decided not to grant prison leave,” explained Lt Col Dalli, adding that he had stuck to his decision even on the basis of an “inmate behaviour report” drawn up by a team of psychologists.

That report, dated 2016, was further supported by Mr Essesi’s behaviour all throughout his time in prison, the director explained, pointing out that the inmate had a record of 107 disciplinary cases and had been diagnosed by three doctors as manifesting “an anti-social personality disorder” and “deep-seated rage”.

“Just three days ago, this man was involved in a fight,” said Dalli, prompting a remark by Mr Essesi, who sat alongside a security guard and his girlfriend, following Tuesday’s hearing. 

That remark did not pass unnoticed by the Court. 

“Here you do not speak. Sit down and do not dare say a word,” rebuked Mr Justice Grazio Mercieca, as the applicant stood up to put in a word. “If you misbehave here, let alone what you do in jail,” remarked the presiding judge.

“Can he marry in prison?” asked Mr Justice Mercieca, turning towards the witness.

“I wish to seek advice before answering that question,” replied the director, adding that he was not sure, although there were past cases when such marriages were allowed.

“Is there a legal impediment?” the court asked, seeking a reply from the director’s lawyer.

“There is nothing in the law. It’s at the discretion of the director who must handle his role with utmost integrity,” explained lawyer Mario Mifsud, pointing out that discipline was crucial within the prison scenario and that the law granted the director the privilege of taking decisions at his discretion. 

The couple had first expressed their wish to marry in June 2018, asking the director to allow Mr Essesi to exit the facility under escort, so as to make it to the Public Registry in Valletta where the couple were to apply for publication of the marriage bans.

Leave was granted and the bans were eventually published, fixing the marriage for a set date.

Asked by Mr Essesi’s lawyer, Mark Vassallo, about the reversal of his original decision, Lt Col Dalli explained that the original request had landed on his desk “with the bulk of files” shortly after he had assumed directorship. 

“But subsequently, after delving into his [Essesi’s] case, I reversed my decision,” Lt Col Dalli said. “I found prison overflowing with drugs and I started to work,” he went on, stating that his position in respect of Mr Essesi had not changed when another request for leave reached him in May 2019. 

“Nothing had changed,” Lt Col Dalli said, referring to a series of instances of attempted self-harm and troublesome behaviour by the inmate which had strengthened the director’s decision to refuse prison leave to marry even when the man’s lawyers had asked him to reconsider. 

There had also been a decision by the Magistrates’ Court in March 2018 involving Mr Essesi’s conviction for harassment in respect of another woman. “That judgment guided me to err on the side of caution. I felt this was another story in the making. We followed him closely. We followed many calls,” said the witness.

Recently, during numerous phone calls to his girlfriend, the woman repeatedly told him: “I’m fed up. The sooner you get out of there and kill me, the better,” said Lt Col Dalli, presenting recordings of these calls in court. “Why is there a director of prison, I ask myself.”

“Are there any other sanctions against Mr Essesi?” asked Dr Vassallo. “What about visitation rights by Meliza?”

Lt Col Dalli replied that the couple had last met sometime in November or October. 

“Was it July?” asked Dr Vassallo.

The court asked for the relative prison records to be filed. 

“Once again I am requesting you to grant them visitation rights. Let’s have some good sense,” went on the couple’s lawyer.

“I recommend that you grant visitation rights,” said Mr Justice Mercieca, prompting the director’s lawyer to point out that the matter was being handled by the appropriate board. 

“There’s the law,” said Dr Mifsud.

“Above the law, there are human rights and above that, there’s common sense,” observed the judge. 

The case continues.

Lawyers Edward Gatt, Mark Vassallo and Shaun Zammit are assisting the couple.