The local enforcement agency is refusing to say how many individuals have been fined by community officers for breaching quarantine regulations and admitted it could not enforce these rules.
The agency has issued fines in the past. Yet, it said on Monday these regulations were not enforced by its officers but by the police and the health authorities.
It gave no further explanation.
The LESA (Local Enforcement System Agency) reply follows a decision taken last month by Magistrate Victor Axiaq in two cases involving breach of quarantine fines imposed by the agency.
The court ruled that no local council, regional committee or agency for local enforcement had the power to enforce or commence proceedings against any person accused of breaching COVID quarantine rules.
The magistrate noted that, although the quarantine regulations fell within the competence of the commissioners for justice, they were not listed among offences community officers could enforce.
He declared null and void the two fines.
LESA refuses FOI request
LESA has now refused a Times of Malta Freedom of Information request for the number of fines issued by its officers against people breaching quarantine rules.
By way of explanation it only said: “LESA does not enforce quarantine rules, as they are enforced by the police and the health authorities.”
When asked for a reaction to the judgment at the time, LESA’s chief executive officer, Svetlick Flores had told Times of Malta that proceedings before the courts and the commissioners for justice would carry on where the agency was making its legal arguments.
This is ostensibly in favour of the fines issued by its officers.
LESA is among the agencies, including the police, the Malta Tourism Authority and Transport Authority, that had been listed by the authorities as being those empowered to hand out fines for breach of COVID regulations.