Environmental crime cases are stalled within the courts of justice because there is currently no magistrate tasked with hearing such cases, Birdlife has said.
Magistrate Elaine Mercieca was removed from that post more than two months ago and has yet to be replaced. The delay is seriously undermining Malta's ability to enforce its environmental laws, the NGO noted.
Birdlife has now written to the chief justice calling for a magistrate to be immediately appointed to fill the void left by Mercieca's removal.
In two letters, dated November 3 and 17, the organisation insisted on the need for action to be taken promptly.
The first letter, signed by BirdLife Malta CEO Mark Sultana, explains that the unforeseen situation has created a significant setback, as the backlog of pending cases continues to grow.
Environmental crimes pose a severe threat to Malta's natural heritage, and the lack of judicial oversight only exacerbates the problem. He noted that a greater flamingo remains caged until the court determines the outcome of the case, reducing its chances of survival.
“It is disheartening to witness the potential loss of such a magnificent creature due to avoidable delays in the court system,” the letter said.
It also noted that the situation cast a spotlight on Malta at European Union level, particularly when considering that the country is currently facing infringement proceedings by the European Commission for its perceived lack of enforcement in environmental matters.
“Failing to address the issue promptly not only perpetuates a negative image for Malta but also undermines the country's commitment to upholding environmental legislation and international obligations,” Birdlife said.
In a reply to that first letter, the office of the Chief Justice said there will not be a replacement prior to the appointment of new magistrates.
That is expected to happen imminently, with five new magisterial nominees announced late last week. The nominees will join the judiciary upon being sworn in by the president.
In its second letter, Birdlife expressed concern that since most environmental crime cases have a short period to be heard, some might become time-barred. The Chief Justice was requested to give immediate attention to the matter and take prompt action.