A man facing the prospect of a €10,000 fine for ignoring a public health order to self-isolate due to COVID-19 is contesting the legality of those proceedings.

In a constitutional case filed this week, Nicholas Gatt is arguing that his case should be heard by an independent and impartial court as established by the law, rather than the local tribunal given the authority to decide on such cases.

Gatt was served with a notice of contravention by the environmental health directorate in March and was subsequently summoned for a hearing before a Commissioner for Justice presiding over a local tribunal in June.

Commissioners are empowered to hear cases concerning COVID-19 public health breaches by Article 44A of the Public Health Act, which states that a person charged with breaching any order by the Superintendent “shall be tried in accordance with the Commissioners for Justice Act,” and shall be liable to a penalty between €100 and €10,000.

Gatt’s lawyers raised a preliminary plea arguing that a criminal offence must be heard by a court, rather than a tribunal. That plea was rejected on September 16 and proceedings are due to continue next month.

His lawyers have now turned to the constitutional courts and filed an application against the Justice Minister, the Health Minister, the State Advocate and the Superintendent of Public Health.

In it, they argue that the maximum €10,000 fine is a considerable amount and that it is a fine applicable to all citizens, not compensation for damages.

All these factors signify that this was an intrinsically criminal offence to be tried before a court of law, said the lawyers, calling upon the First Hall, Civil Court to declare the current legislation null and void since it violated the applicant’s right to fair hearing in terms of article 39 of the Constitution.

Proceedings instituted against the applicant were also to be annulled and Gatt was to be awarded compensation for damages liquidated by the court.

Lawyers Ivan Mifsud, Natalino Caruana De Brincat and Joseph Calleja signed the application. 

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