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One aspect that is certainly not being addressed correctly at our So-referred
to Family Court [because in reality it has no semblance To how a Family
Court should be properly structured] is the alarming, ever-increasing
concept of criminality.
This aspect is a hotchpotch situation mixing dilettantism with a serious
and sombre matter as Criminal Law & Criminal Procedure, a matter that
in truth should only be on the uttermost periphery of Family Law. It should
be resorted to cautiously and with grave concern as to the bitter consequences
it creates, how physiologically and physically it dreadfully effects the
individuals involved and harms in a decisive, irreparable way the children
of the couple [not necessarily married],and irrespective as to whether
such children are minor or otherwise.
Yet the 'Family` Criminal Magistrates' Court is one of the busiest ever
all year round, with many of the same couple appearing before the Court
time and again, repeating and echoing the same stories very often with
only a change in day and date in the accusation. Criminality in Family
Matters cannot be taken lightly as undoubtedly it is a crucial factor
in the Domestic violence abuse link. Malta is not addressing this issue,
except as is our tendency in the most superficial of ways.
The only positive factoring Champion in this very frequent criminal charade
is the endearing personality and person in the shape and form of Magistrate
Giovanni Antonio Vella and his well-organized staff who do their best
to attenuate the tempestuous, boiling syndrome that literally builds up
in each regular packed up Court Sessions.
Experience has taught most of us in the "trade" that there is
absolutely no coordination between the Imposed Mediation Proceedings [another
ludicrous indentation in our Family Court set up ] and / or Civil contentious
Proceedings with this Family Criminal Court, as otherwise many grave and
serious mistakes would be avoided to the ultimate benefit of one and all,
not only to the couple effected or their children,but equally to the Court
Administration which is incurring a lot of unnecessary inconveniences
and public expense precisely because of this lack of coordination and
sheer administrative & judicial incompetence.
This is due to the cursed notion in this country of politicizing anything
we attempt to do . In fact upon entering our Family Court Building we
are regaled with a huge plastic Plaque [ how we specialize in these damned
political idiotic plaques in this dilettantish,Lilliputian mentality overgrown
among us ] which commemorates ( please go and see it ) the inauguration
of the Family Court Building as opposed to the Family Court !! And thus
the Family Court has not really commenced to function as any normal Family
Court should.
This is one fatal consequence and it is having fatal effects: the intermingling
of a family matter with criminality where we involved the Police to the
extent that the enormity of these cases had to be centralized at the Police
Headquarters for forwarding to our Family Criminal Court. We have individuals
who had never even stepped on the threshold of our Courts , all of a sudden
becoming frequent visitors as accused or involved parties in a Case due
to a situation as relatively ordinary as a relationship breaking down.There
is no mechanism to nip in the bud a frequent occurrence like this. So
the malady infects itself and keeps swelling beyond control. It is our
version of Criminal Flu - but where are the legal vaccines ?
Where are the psychologists, psychiatrists, truly children`s experts,frequent
conferences between the Court Officials involved [ Judges, Magistrates,
Lawyers, Staff ] to determine how this alarming and pathetic scenario
might be contained ? NOWHERE as these involve no damned politicians appearing
to glorify themselves for things they never do anyway! Yet people are
decisively suffering: anyone loving seeing a parent being sent to prison
for not paying maintenance,alimony,child support - call it what you will
?
The lies and story lines one hears each time in every Court Session :
pure concoctions which would vie with a Harry Potter bestseller ! In many
Cases, it is a rumbling Jury going on: you see this Magistrate in a small,packed
Hall before him,with lawyers wanting to get on with it,having to tolerantly
listen to whole,interminable episodes as to why one parent did not allow
the other to see one`s children,all being recounted with gusto to the
gratification to all ad hearing : hear,hear! All sorts of witnesses are
summoned like episodic al, cameo roles !
This is bad organization and insensitivity to the boastful,political competent
[ sic ! ? ! ] authorities who maybe have no inkling of what is going on
save what their soothsayers choose to relate to them. But then, why do
these amateurish politicians not take an interest themselves and make
frequent ,unannounced visits to witness for themselves the legal chaos,
rather than summon for an unreliable briefing staff to the Ministry ?
We have much to be grateful to Magistrate A. J. Vella, but it is high
time that we handle this tragic comedy in a professional, responsible
way.
Yours truly :
Emmy Bezzina
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