I want to break free - George Il-Berqa

Lightning at the end of the tunnel

Two years ago, George 'Il-Berqa' Pace, 60, was handed down a 30-year jail sentence for his part in a murder in l-Ahrax tal-Mellieha. He appealed and lost. Now this fine gentleman has filed in a breach of fundamental human rights case claiming that he had not been given a fair trial. The reason? When he gave statements to the police in 2004 he was not assisted by a lawyer when the law giving him such a right was already enacted by parliament but not enabled yet.

I saw this coming a  mile away. Criminal lawyers were right to criticise the delay in putting the law into effect. Whatever the consequences, those who are interrogated by the police should have access to a lawyer. And if the government passed the law, the delay in putting it into practice was non-nonsensical.

But there is a problem. The consequence of the delay is going to be an ugly one: a procession of hardened criminals residing at Kordin taking this golden opportunity to undo their jail sentences on this technicality. Criminal lawyers are going be falling over each other to exploit this anomaly, as is their right. While Il-Berqa might be leading the procession, lawyers will be doing their best to make it as long as possible.

Criminal lawyers who are also politicians are going to be faced with a very delicate situation, testing their integrity to the limit. Wearing their court toga they have to do their duty and defend their clients' rights. Wearing their political mantle, however, they are going to be responsible for letting a bunch of murderers, drug dealers and rapists loose in society. This is certainly not in the public interest. So how will these lawyers balance their clients' rights, their own financial interests and the public good?

We shall have to see how Jose Herrera on the PL side will deal with it. Is it moderate and progressive to help criminals go scott free?

More interestingly, what will Franco Debono, the parliamentary assistant with a desk at Castille, do? Will he exploit a fault in his government's law enabling policy and be a legal accomplice in helping criminals to walk out of Kordin? We didn't have to wait for long for an answer. Franco Debono is Il-Berqa's lawyer.