The LESA law enforcement agency will continue with its cases against individuals fined for breaching quarantine regulations despite a magistrate’s decision it has no legal power to enforce the rules.

The Local Enforcement System Agency’s chief executive officer, Svetlick Flores, said proceedings will continue before the courts and the commissioners for justice, where the agency is making its legal arguments.

“Since there are ongoing court proceedings on such cases, it is not prudent to comment further at this stage,” he said.

“LESA will be making its arguments in court. The final judgments will then determine whether any action must be taken,” Flores added.

A magistrate ruled last week that no local council, regional committee or agency for local enforcement has 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.

“Given that such power is not expressly provided for in the law… then, the Local Enforcement System Agency cannot bring forward proceedings and prosecute persons for a breach of the regulations in question,” the magistrate said as he declared the two cases he was deciding as null and void.

He was deciding on separate appeals filed by a man and a woman who were fined by LESA officers.

The woman was fined €3,000 and the man €10,000 for having breached one or more of the conditions relating to quarantine.

LESA is among the agencies, including the police, the Malta Tourism Authority and Transport Authority, that hands out fines for breach of COVID regulations, such as failure to wear masks or to respect social distancing rules.

Flores refused to reveal how many fines LESA has imposed for breach of quarantine rules so far and neither did he disclose how many of the fines had already been paid and how many will be heard by the local tribunal.

Legal sources said the magistrate’s decision could still be appealed in the superior courts and it is only the final judgment that sets the precedent.

“Every case has to take its course... this decision can be raised by the defence in the individual cases but it does not necessarily mean that every case is going to be thrown out,” one lawyer said.