Magistrate argues against number of people being charged with perjury in Gozo

Magistrate Joe Mifsud today criticised what he said was a recurrence of episodes in which witnesses were being accused of perjury as soon as a discrepancy is found in a their testimony.

Three witnesses have been acquitted of charges of delivering false testimony, after the court deemed their testimony to be irrelevant to the outcomes of the case.

The three - Tonio Xuereb (34, from Ghajnsielem), Jezebel Xuereb (28, from Ghajnsielem) and Ryan Hili (30, from Xaghra) - were charged with giving false testimony in the Gozo Courts.

Magistrate Joe Mifsud took the opportunity to note an ongoing situation in the Gozo Courts, where he said whenever a discrepancy is found during testimony, a report asking the police to take action is immediately filed against the individual. "This is serious abuse. The police must ensure that there is real reason to prosecute on the grounds of false testimony, and not file cases against whomever it may be, leaving it up to the courts to decide".

"This court will not take part in these scandalous stupid piques, where people attempt to dictate to the courts what needs to take place and what needs to be said". 

"The Judiciary, lawyers and the police carry the weight of ensuring that the Courts do not end up a forum where piques between parties grow".

The case revolved around civil proceedings instituted by Maurice Hili, who sought compensation from Francis Attard, Carmel Attard and Carmel Vella for injuries he sustained in an August 2001 incident.

The court had accepted the request for Mr Hili's son, daughter and daughter's husband to testify over a separate incident, unrelated to the case. This was done, the court heard, in an attempt to clear Mr Hili's reputation. The defendants in that case then claimed that the three committed perjury.

Magistrate Mifsud expressed his disagreement on the fact they were allowed to testify in the first place, arguing that the court is not a washing machine.

He ruled that even in the case the witnesses were not loyal to the truth, they could not be found liable for perjury given that their evidence had no bearing on the case.

from The Malta Independent http://ift.tt/1OP4C52
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