Two police officers have been found guilty of raping a Canadian woman at a renowned Paris police headquarters in 2014
from MaltaToday News http://bit.ly/2SgYsVA
via IFTTT
Thursday, January 31, 2019
French police officers jailed for raping Canadian tourist
[WATCH] Inside the school of hard knocks, Msida’s Education Hub
Out with regimentation, in with individual attention
from MaltaToday News http://bit.ly/2Bgm6HU
via IFTTT
Central Bank governor insists foreign workers must be catered for if economic growth is to continue
Mario Vella said that despite the perception, Malta's economic success does not rely solely on tax incentives
from MaltaToday News http://bit.ly/2sXO6LR
via IFTTT
[WATCH] President should have powers to protect nation from government, PN deputy leader says
David Agius said he would like to see the President have more powers, especially in areas such as control of the army and the police
from MaltaToday News http://bit.ly/2MKrbN6
via IFTTT
NAO report on issuing of Algiers visa by consulate confirms issues raised - PN
The Nationalist Party said in a statement on Thursday that the NAO, in a report published on Thursday, has confirmed its issues with the way the Maltese Consulate in Algiers issued visas.
The statement signed by Carm Mifusd Bonnici, shadow minister for foreign affairs and Beppe Fenech Adami, shadow minister for national security stated that the report raised a number a points that were worrisome.
The PN said that political responsibility should be shouldered and that due to a lack of transparency the Attorney General could not assure that illicit payments were not processed to facilitate visa processing.
In fact the statement goes on to say the one in every four that received a visa did not return to their country and all traces of the individuals were lost. 500 were refused by the police for security reasons and they still received a visa from the consulate.
The report also confirms that an unexplained decision was taken by Castille in 2013 to open a consulate, when the consulate was the prime minister's cousin, the PN said.
Considering the Attorney General could not confirm the allegations, the PN noted that the vetting of persons who applications was inadequate.
from The Malta Independent http://bit.ly/2G0GGQO
via IFTTT
PN calls for responsibility to be shouldered over Algeria visa findings
The Nationalist Party insists that some of the findings by the National Audit Office warrant further investigations to establish who was responsible for what
from MaltaToday News http://bit.ly/2Gim8SS
via IFTTT
Parents, students to be asked whether to keep current uniforms or swap them for tracksuits
The Education Ministry is launching a public consultation exercise in which it is asking teachers, parents and students whether school uniforms should remain the same or be replaced by tracksuits.
A consultation among pupils in middle and secondary schools will be held next week, the ministry said.
Primary school students will also be consulted through focus groups.
The ministry will then consult with parents and educators.
The ministry said that should it be decided to replace the current uniforms with tracksuits there will be a phasing-in period.
from The Malta Independent http://bit.ly/2UyrPAi
via IFTTT
Four financial measures introduced for Gozitan patients, students and workers
Four measures which directly assist and reduce some of the expenses faced by Gozitan students, relatives of patients, and Gozitan employees working in Malta were announced on Thursday by the Gozo Ministry.
The Travel Reimbursement for Patients Undergoing Cancer Treatment at Mater Dei has been revised to be available to patients seeking treatment in a government hospital for cancer, for renal dialysis or for an operation, and for the adult accompanying the said patient. The support also applies to Maltese patients seeking treatment in Gozo.
An additional allowance to help with the costs of accommodation for these patients will also be implemented. If a hospital appointment is prior to 8:30am and so the patient has to find accommodation for the previous night, the government will provide a maximum of €45 per night to cover at least some of the costs for their stay.
From January, the ministry will also be encouraging collective transport by provided partial compensation of €1.50 per day to Gozitan workers who are employed in the public sector and organising collective transport. The benefit will equate to €650 in a year. Teachers and LSAs who work less days due summer holidays will obtain €525 annually. This is besides a tax credit already offered to private companies who organise collective transport.
The benefits will be split in into two instalments; between January and June, and then between July and December. Applications for this assistance can be submitted in July this year.
All Gozitans working in Malta will be entitled to a Gozitan Works Subsidy, which will equate to a €300 benefit annually. This means that for the first time, the distinction that only government workers were given this form of help.
Gozo Minister Justyne Caruana said that these initiatives were the fruit of work done by the Government and had been studied and integrated with the government's vision.
from The Malta Independent http://bit.ly/2Bflpi7
via IFTTT
Corpse reportedly spotted in sea off Qawra
The Armed Forces of Malta are assisting in the recovery of the dead body
from MaltaToday News http://bit.ly/2TqSv5K
via IFTTT
Education Ministry to ditch school uniforms if students prefer tracksuits
A period of consultation will start tomorrow and will ask both students and parents whether they want to keep the current state school uniforms
from MaltaToday News http://bit.ly/2BaYapC
via IFTTT
[WATCH] Muscat plays down corruption index, says court decisions negate score
Prime Minister Joseph Muscat said that court decisions on corruption claims also had to be taken into consideration when taking stock of the situation in Malta
from MaltaToday News http://bit.ly/2SljQc8
via IFTTT
Judge dismisses Gaffarena's attempt to force Old Mint Street sale
A judge has slammed two notaries involved in the controversial expropriation of a palazzo in Old Mint Street, Valletta involving property speculator Mark Gaffarena.
This afternoon, Gaffarena, who had benefited from the government's unusual expropriation of his share of a Valletta palazzo, has lost a court case in which he was attempting to force through the sale of another portion of that same building.
In a sworn application filed in 2016, Gaffarena and his wife Josielle called upon the court to force the owners of another quarter-share of 36, Old Mint Street, Valletta to appear on a contract of sale – which, according to the October 2014 promise of sale agreement, ought to have happened in April that year. In both expropriations of Gaffarena's two 25% shares of the Old Mint Street palazzo which is currently home to a number of government offices, the Government Property Division had chosen to expropriate only Gaffarena's shares and not the 50% share of the building from all co-owners – a decision whose legality is being questioned in the courts.
In her judgment dismissing Gaffarena's case, madame justice Lorraine Schembri Orland highlighted problems with the testimony she had heard.
"The court points to the imprecise testimony of the two notaries in this case. Notary Angela Bezzina renounced her patronage of the [Gaffarenas] after the publication of an article in a local newspaper. From the evidence, this court has no doubt that she was aware of the expropriations because she presented the Form E required for expropriation... Despite this, she didn't notify the defendants with what she had discovered, despite her obligation as a notary public to act beyond the interests of just one party. She never prepared the searches about the share being sold."
Notary Antoine Agius, who took over after Bezzina stepped down was also in the firing line. "Notary Agius was also evasive in his testimony when asked whether he had been aware that there were two declarations by the President of Malta about the expropriation of a quarter share and another quarter share of 36, Old Mint Street, Valletta. The court finds it hard to believe that both the plaintiffs and more so Notary Bezzina, did not inform him of anything. The same notary Agius said that he had no knowledge of this." However after a letter he filed on 7 April 2016…asking the defendants to appear on the final contract, the Gaffarena's lawyer had sent him a letter dated 12 April informing him of two declarations of expropriation. This was followed up by a judicial letter by the defendants.
"The court also finds it difficult to believe the testimony of Mark Gaffarena who said that he didn't know if the Notary had established the quota for sale and that he didn't remember whether she had completed her searches. Neither did he know what papers he had passed on to Notary Agius. All this when he describes himself as a person whose business is the buying and selling of property, where he should have a certain knowledge of issues like title and would be vigilant over the object that he is about to buy and pay for."
In the light of his testimony, the court said it was unable to establish the price of the deal as this varies according to the quota "which has not been established to this day."
The case filed by the Prime Minister against Mark Gaffarena was decided in March 2018 in favour of the Prime Minister and Attorney General and the rescission of the contract was ordered. The case is not final or definitive, noted the judge. However, those proceedings deal with the validity of the contract of exchange between the Government and the Gaffarenas and not the validity of the expropriation in itself. "Whatever the final outcome of those proceedings the fact remains that the share of one half of the property today belongs to the Government of Malta. That share was not taken only from the plaintiffs…but also from the defendants."
According to an NAO report on the expropriations, the property had been bought in November 1898 by Raffaele Psaila, who had left equal shares of the property to his four daughters – who later married into the Galea, Mercieca, Bonello and Cefai families – and their children. Separately, these four shares, the Galea, Mercieca, Bonello and Cefai shares, were passed down over a number of generations. To date, two of the quarter undivided shares, still belong to the Bonello and Cefai families.
The other two quarters, originally belonging to the Galea and Mercieca families, had been purchased by Gaffarena in 2007 and 2015 respectively, and were expropriated by the government in 2015. Gaffarena had obtained the first undivided 25% share from the Galea family on 18 December, 2007, which was expropriated by the government on 12 January, 2015 for €822,500 in cash and lands. Another 25% share was sold to Gaffarena by the Mercieca family on 26 February, 2015 and expropriated as per the President's Declaration on 8 April, 2015 for another €822,500 in cash and lands – a mere two months after it was purchased.
The Prime Minister had filed a court case to recover the money and public lands paid to Gaffarena for the irregular expropriation. Half of the Bonello share is covered by a promise of sale with Gaffarena, entered into on 31 October, 2014, which expired on 30 April, 2016; the other half remains in possession of the Bonello heirs.
t is this (Bonello) share whose sale Gaffarena was trying to force. The owners of the remaining 25% of the property in Old Mint Street said that they had never been notified of plans to expropriate the property and only found out by chance. David Cefai, whose family owns the remaining quarter undivided share of the property had made the claim whilst testifying in a case filed by the Prime Minister against the Gaffarenas. That case was filed with the stated aim of recouping the lands transferred to the Gaffarena couple as part of the deal for the Old Mint Street palazzo's expropriation. That fourth and final share of the property, belonging to the Cefai family, was also under a promise of sale signed with Gaffarena on 26 March, 2015, the one-year term of which had lapsed on 26 March, 2016.
from The Malta Independent http://bit.ly/2S1n59g
via IFTTT
Maltese man arrested in Sicily with 231kg of cannabis
A 31-year-old man was arrested as he was boarding the catamaran to Malta
from MaltaToday News http://bit.ly/2S1qdSM
via IFTTT
Judge dismisses Gaffarena's attempt to force Old Mint Street sale
Mark Gaffarena who had benefitted from government expropriation lost a case where he was hoping to sell a portion of the same building
from MaltaToday News http://bit.ly/2CXjcYR
via IFTTT
Automatic land reclamation clause in Corinthia agreement being removed – Prime Minister
Prime Minister Joseph Muscat has announced that the automatic land reclamation rights clause is being removed from the Corinthia contract.
Asked by the media why the government is dragging its feet on publicly debating the Corinthia contract, Muscat said: "because we are improving the contract that the Opposition had agreed with when it was first announced back in 2014. The Opposition first agreed when we charged less money, but now because we are charging more and are acting on criticism, some of it which is justified, that is occurring, the Opposition is now against."
He said that when the agreement was first announced, PN MP Mario de Marco had said that he and the Opposition agreed with the agreement. He said that the agreement was for a mixed-use development at the time.
"We are listening to the criticism and acting on it. It will be presented at the adequate time. The Environment Committee will meet and the postponement is only minor. If we work fast we are accused of trying to hide something and when we work slowly in order to take time and listen, making any changes if needed..."
He mentioned certain changes being made to the agreement. He said that the original contract allows for automatic land reclamation. "There was criticism on this, we checked and it is a justified criticism and we are removing it from the contract. For that amendment and anything else needed, then it takes time." It is pertinent to note that while it was in the contract, the Corinthia group already stated that they do not intend to conduct any land reclamation.
He said that he expects that, once the new version is released, then one could possibly re-evaluate their position.
Asked about when he will publish the full Egrant inquiry report, he said that there is an ongoing court case. He said he will do what the court orders.
from The Malta Independent http://bit.ly/2Rq8n6M
via IFTTT
Moody’s affirms Malta’s rating at A3 with a positive outlook
The Ministry for Finance today welcomed the latest update to Moody's credit opinion report which affirmed Malta's sovereign rating at A3 with a positive outlook. Moody's attributes the A3 rating to the Maltese economy's robust growth dynamics, relatively elevated wealth levels that support the country's shock-absorption capacity, and a stable and conservative domestically oriented banking sector.
Moody's notes that the positive outlook reflects Malta's sustained progress in reducing national debt as well as its robust medium-term growth prospects that are supportive of further improvements in public finances. Moody's adds that if the improvement in public finances is sustained, then this would support a credit rating upgrade. In this regard, Malta's fiscal strength is rated as High (+).
Moody's rates Malta's economic strength as High (-) reflecting a recent track record of strong economic growth, elevated per-capita income levels and very high scores on global competitiveness rankings. The report notes that the high level of competitiveness means that Malta is relatively well equipped to adapt to changing circumstances. Indeed, the score for Malta's susceptibility to event risk is assessed as Low (+).
Moody's expects growth to remain strong in 2019 driven by growth in investment and private consumption. It also expects the Government to record a surplus of 1.2 per cent of GDP in 2018. It further notes that the Government is targeting a surplus net of revenues from the Individual Investor Programme (IIP) in 2019.
The report acknowledges the IMF fiscal transparency evaluation report published in September 2018 in which the IMF concluded that Malta meets the standard for good or advanced practice for 21 out of the 35 principles of the IMF's Fiscal Transparency Code.
On anti-money laundering and countering the financing of terrorism (AML/CFT) regulations, Moody's acknowledges that the FIAU have presented an action plan in response to the original recommendations by the EBA, with the Maltese authorities having also launched an AML/CFT strategy in April 2018. The strategy, it notes, seeks to increase the resources of the relevant supervisory and investigative authorities and strengthen and clarify the supervisory framework, among other things.
Moody's rates Malta's institutional strength as High reflecting Malta's robust policy framework and the important enhancement to the country's institutions and to the policymaking framework of public-sector entities.
Minister for Finance Edward Scicluna comments: "I am pleased to note that Moody's is acknowledging our efforts to strengthen the regulatory institutions while sustaining macroeconomic and fiscal stability."
from The Malta Independent http://bit.ly/2Uuwh32
via IFTTT
Foreign Minister against reopening Brexit negotiations, Carmelo Abela says
The Foreign Affairs minister said that with new developments in the British Parliament anything may happen and that speculation should be avoided at this stage
from MaltaToday News http://bit.ly/2UwLj8o
via IFTTT
Caruana Galizias reply to PM - 'We will not concede to extortion by our public servants'
"We will not concede to extortion by our public servants," the Caruana Galizia family said today, after Prime Minister Joseph Muscat said he was willing to drop the libel cases he had instituted against Daphne Caruana Galizia if her heirs admitted that she was wrong on Egrant.
Caruana Galizia, who was killed in a car bomb in October 2017, had alleged that the secretive Panama company called Egrant belonged to the Prime Minister and his wife Michelle.
A magisterial inquiry had found that there was not enough evidence to support these claims. Only the conclusions of the inquiry have been made public.
Muscat, who had described the Egrant claim as the "biggest lie in Malta's political history," had sued Daphne Caruana Galizia for libel.
In court today, Muscat hinted that he has since softened his stance, but a spokesperson for the Caruana Galizia family, when contacted by The Malta Independent, made it clear that they would not be taking up the offer.
from The Malta Independent http://bit.ly/2G0MMjR
via IFTTT
Malta Financial Services Authority begins ‘transformative journey’ through reform
The Malta Financial Services Authority (MFSA) today saw the basis for its reform agenda launched.
During a press conference held this afternoon, Chief Executive Officer Joseph Cuschieri unveiled MFSA's Vision 2021, setting out the Authority's mission and strategic vision underpinned by a set of goals and objectives. A consultation document on the MFSA's FinTech strategy was also published, proposing the introduction of a 'Regulatory sandbox' and Innovation Hub.
Through Vision 2021, the MFSA has set the blueprint for its mission to enhance its position as a forward-looking, proactive and trustworthy supervisory authority with one clear purpose - safeguarding the integrity of markets and maintaining stability within the financial sector, cuschieri said.
The vision document also articulates the Authority's approach to risk management, conduct, enforcement, and Anti-Money Laundering (AML)/Counter-Financing of Terrorism (CFT) supervision.
Cuschieri said: "The MFSA's Vision 2021 is the start of a transformative journey supported by an ambitious change programme focused on innovation, investment in FinTech and RegTech, modernisation of supervision, and technological development. Our reform agenda includes an overhaul in our organisational and governance structures to enable the Authority to meet its future challenges more effectively".
Cuschieri said that in the 25 years that the MFSA has been regulating the financial services sector, "our role has grown exponentially to become the single financial services regulator. After such a long period, it is time to evolve, modernise and look ahead with a sense of achievement but at the same time, it is equally important to learn from our experiences so that we take on board lessons learned."
Describing the changes, Cuschieri said that the MFSA will further invest in the development of human capital. He also said that the authority will invest in the latest supervisory technology, business intelligence and knowledge management tools, highlighting that this will become mission critical to the success of the MFSA and Malta as a jurisdiction. "This is key to unlock our potential and improve our efficacy as a European financial services supervisor. We cannot talk about FinTech hubs, FinTech strategies, Malta as a centre of excellence and Blockchain but at the same time shy away from making the necessary investment. Our new technology strategy will make the MFSA a European role model in the application of the latest technologies."
As for organisational changes, the CEO said that the MFSA will shortly unveil its new organisational structure and a number of key organisational changes. "These changes are designed to strengthen our governance structure but also streamline our organisational structure with clearer lines of responsibility and accountability, eliminating unnecessary bureaucracy where possible, but also adding new critical functions such as research and innovation, a dedicated FinTech team, risk management, strengthening of financial crime compliance and business intelligence."
In terms of stakeholder engagement, the CEO said that they plan to engage more with their peers at European level on many fronts to contribute in sectoral reforms.
He said that the authority's vision statement is essentially "recalibrating our level of ambition but also unveils a set of values which will guide our supervisory decisions and our corporate culture."
These values, he said, are integrity and trustworthiness where the authority will act fairly and objectively,
In terms of FinTech, he said that across the spectrum of FinTech companies, "from innovative startups to established global financial institutions seeking competitive advantage via increasing adoption and deployment of technology, the focus on investment in financial services technology has never been greater. Global corporations are adopting multiple strategies to deliver on these challenges and opportunities, such as incubate, invest and collaborate. Our aim is to provide a tailored approach to authorisation for innovative firms. Such a tailored approach may include the provision of pre-application support to firms, or authorising them with restrictions, in order for such firms to test their business models and products in a controlled environment. Our strategy aims to build on our success to date, by working with new and existing companies to capture additional financial technology investment and help drive increased investment, entrepreneurship and employment across the industry. Similar to other major financial services regulators, the MFSA is currently assessing viable solutions to nurture innovation and facilitate the industry's access to FinTech."
The Vision 2021 document for the MFSA mentions that the authority is currently restructuring its organisational structure with the aim of "[i] addressing supervisory fragmentation; [ii] streamlining the organisational structure; [iii] ensuring efficacy in the decision-making process; and [iv] addressing supervisory gaps, as well as, eliminating duplication of supervisory processes. The proposed changes will strengthen our governance by providing for clear lines of responsibility and accountability of individual directorates in the execution of the Authority's remit."
The document highlights that it is being proposed that the Educational Consultative Council (ECC) should be reformed. Whilst retaining its current remit – that is to: [i] identify gaps in existing skills required by the financial services sector; [ii] provide support in relation to training programmes offered primarily by its members and other entities within the finance industry; [iii] promote careers within the financial services sector; and [iv] maintain a website to provide up to date information in this regard – it is proposed that the ECC should also be tasked with addressing the educational gap at all levels, including but not limited to the available qualifications in financial services (university degrees, diplomas, certificates, etc.) and the identification of new areas where education is necessary, particularly with regards to the areas of innovation identified, such as FinTech and RegTech, amongst others. In this regard, the ECC will be collaborating with the University of Malta and possibly other educational institutions in order to develop the necessary programs of studies to strengthen knowledge in the field of financial services.
"It is also being proposed that an 'Academy of Excellence for Financial Supervisors' is established to provide a yearly curriculum to train young and upcoming financial services supervisors,.
The MFSA is also undertaking a Business Process Reengineering (BPR) project to define internal standards and policies; to remodel internal processes in order to improve efficiency and efficacy; to adjust remits, handbooks and task descriptions; to update organisational structures and define new functions; to enhance internal communication; to enhance business intelligence and risk management; in workflow management and business continuity; in data and document management; and to enhance cross-unit collaboration.
The document also highlights that the authority is in the process of publishing an Anti-Money Laundering Supervisory Strategy.
The document also highlights a number of other upcoming changes. The MFSA shall be replacing its website with a new more user-centric website. In addition, the MFSA is proposing to implement an interactive rulebook, similar to those implemented by the European Banking Authority.
The MFSA is also implementing state of the art supervisory technology. "This technology, commonly termed SupTech, will assist the MFSA to automate certain processes and effectively make the supervision of licence holders more efficient. Furthermore, data analytics, for example, can assist the Authority in detecting abuses, as well as handling, complex issues, problems and investigations."
The Authority also intends to issue 'Guidelines on cybersecurity for regulated entities' with the aim of enhancing licence holders' cyber-resilience, particularly for firms which are reliant on technology. The proposed guidelines will set out the Authority's minimum expectations with regard to how entities should be addressing cyber-risk and the necessary safeguards which they should have in place.
The document also reads that the MFSA is currently working on a strategic plan focusing on short and long term strategies.
The plans, the document reads, focus on enhancing the core functions of the MFSA, that is, the authorisation, supervisory and enforcement functions within the MFSA. "The strategic plan will seek to enhance our risk-based approach to supervision to enhance the efficiency of our operations and increase market confidence. Whilst it is difficult to achieve a zero failure regime, our strategic plan will seek to enhance our effectiveness in preventing and detecting any misconduct in the market."
Firms operating within the financial services sector will be asked to participate in the consultation process.
from The Malta Independent http://bit.ly/2Sm5pVc
via IFTTT
Maltese man arrested in Sicily with 231kg of marijuana
A Maltese man has been arrested in Sicily as he was about to transport 231 kilogrammes of marijuana in a trailer, Sicilian media report.
The man, aged 32, is a driver with a Maltese transport company.
Two police dogs, Aquy and Primo, sniffed the drugs during a random search at the port on the night between 29 and 30 January.
Italian media have described it as one of the major hauls ever seized.
The drug was discovered among frozen food that was being transported in the same trailer.
The man was taken to the Ragusa police station for questioning.
from The Malta Independent http://bit.ly/2HKHvie
via IFTTT
Chamber’s views on Corinthia deal ‘similar’ to position on db project
The views of the Chamber of Commerce, Enterprise and Industry on the ongoing negotiations between Government and Corinthia Group on the land in St Julians are consistent with those it expressed almost two years ago when it commented about the DB project and the related negotiations.
Of course, from the information appearing in the media, the Chamber is aware of notable differences between the two cases, it said in a statement. Nevertheless, it has also emerged that although the agreement for the DB project was subject to general disapproval and remains under investigation by the National Audit Office, Government is basing its negotiations with Corinthia on similar parameters.
In 2017, the Chamber said that "Although the sale will provide a positive effect in terms of added investment and business opportunities in the country, the actual mechanics of the deal are the cause for serious concern….The transfer of public land to private interest is often the subject of serious controversy and going forward, we believe that agreements and procedures must be – and be seen to be – above board and transparent. People dealing in public land must act as if they were dealing with their own property. They must be made accountable for earning the full market value expected from the asset. Our main concern with ensuring that transactions involving public property are open, transparent and properly valued is to ensure a level playing field in business. We believe that this is not difficult to achieve if the existing laws and procedures are properly implemented."
The principles spelt out then still apply today. Consequently, in the interest of ensuring a level playing field, the Chamber is expecting explanations which it has already requested away from the media. For instance, the Chamber seeks to ensure that the amount paid for the extension of the concession is reasonable and transparent.
More importantly, the Chamber wants to ensure that the value incorporates fair compensation for allowing a change of use for the concession. Given Corinthia's undisputed track record in the hospitality industry brought about by continuous investment even on the site in question, the Chamber feels that there would have been fewer questions asked had the project continued to be exclusively tied to tourism. There is little doubt, from a tourism point of view, that this new investment will contribute towards raising standards to unprecedented levels both at the micro and national levels, possibly enabling Malta and the Group to enter into new lucrative industry niches.
However, it seems that part of the proposed project will involve the further construction of residential blocks. The placing of these new units on the market may potentially lead to distortions if, as reported, it eventually emerges that the investor has been granted favourable conditions in the process of renewing the concession of the land as well as in enabling the transfer of lease to third parties. Besides, in the interest of sustainability, the Chamber is assuming that the relevant authorities are giving due consideration to all environmental concerns that this proposed project has raised.
That said, the Chamber's views on this matter should not be interpreted in any way as criticism towards the Corinthia Group which, as mentioned above, must be credited for investing in the site in question through its three hotel properties, the chamber said. The Chamber said it has always held the Corinthia Group in high regard as a pioneer and industry leader in tourism since the 1970s. Over the years, the Group has built itself a strong reputation for high standards in the hospitality industry both in Malta and overseas.
In fact, Corinthia is nowadays widely regarded as a flagbearer of Maltese investment abroad. The Chamber shall continue to await official pronouncements and explanations about this project. In fact, it is disappointed to note that no official communication has been forthcoming about what the project will actually entail. This, despite the fact that it is a major project of public interest which has been dominating media headlines for several weeks now. In the interest of all concerned, the sooner the country has official clarity on all aspects of this project, the earlier are unnecessary speculation and suspicion eliminated.
from The Malta Independent http://bit.ly/2Gb3NHy
via IFTTT
Not enough teachers to teach new applied subjects, MUT says
The Malta Union of Teachers said the government needed to do more to attract more youths to the teaching profession
from MaltaToday News http://bit.ly/2ToPenk
via IFTTT
Malta's car fleet grew by 78 vehicles per day in 2018
The stock of licensed vehicles stood at 385,326 last year, figures released by the National Statistics Office show
from MaltaToday News http://bit.ly/2GgX9zH
via IFTTT
Average of 30 new vehicles on the road every day during third quarter of 2018
At the end of December 2018, the stock of licensed motor vehicles stood at 385,326, an increase of 3.6 per cent over the same quarter in 2017, the National Statistics Office said.
77.9 per cent were passenger cars, 13.6 per cent were commercial vehicles, 7.4 per cent were motorcycles/quadricycles and All Terrain Vehicle's (ATV), while buses and minibuses amounted to less than one per cent.
During the quarter under review, the stock of licensed vehicles increased at an average rate of 30 vehicles per day.
Newly licensed vehicles put on the road during the period under review amounted to 6,367. The majority of the newly licensed vehicles, 4,710 or 74.0 per cent of the total, were passenger cars, followed by motorcycles/e-bicycles with 700 or 11.0 per cent.
Newly licensed 'new' motor vehicles amounted to 2,765 or 43.4 per cent of the total, whereas newly licensed 'used' motor vehicles totalled 3,602 or 56.6 per cent.
An average of 69 vehicles per day were newly licensed during the quarter under review.
Vehicles under restriction During the fourth quarter of last year, 7,424 vehicles were taken off the roads due to a restriction.
Out of this total, 36.1 per cent were put for resale, 31.2 per cent were scrapped, while garaged vehicles amounted to 30.2 per cent. Vehicles that had their restriction ending during the quarter under review totalled 3,723.
The majority were recorded as being for resale (68.2 per cent) or garaged (31.2 per cent).
As at the end of December last year, 231,508 vehicles or 60.1 per cent of the total were petrol-powered engines. Diesel-powered vehicles amounted to 149,979 or 38.9 per cent of the total.
Electric and hybrid vehicles accounted for 0.6 per cent of the entire stock, with a total of 2,367 vehicles.
from The Malta Independent http://bit.ly/2WwPe6Y
via IFTTT
No teachers available to teach 13 new applied subjects - MUT
The Malta Union of Teachers expressed its concern that no teachers are available to teach 13 new applied subjects.
In a statement, the union said it has been making representations with the respective authorities for months to ensure that the Government establishes a national strategy to attract youth to the education professions.
The MUT notes that there are currently not enough teachers to teach traditional subjects, let alone to cater for an additional 13 applied subjects being introduced next year.
Despite this, the Ministry is embarking on campaigns to attract students to these new subjects without stating who shall be teaching these students.
Furthermore, the massive investment carried out in labs and workshops of applied subjects aimed to attract students to the same is not balanced by an investment in other option subjects which have now become second class in terms of resources.
The MUT is highly concerned about the situation and is calling for the educational authorities to take the necessary measures before the system collapses due to lack of human resources.
from The Malta Independent http://bit.ly/2Wu0gtv
via IFTTT
Third man arraigned over 'postman' armed robbery
The man, and two accomplices, stand accused of theft aggravated by violence, illegal arrest, slightly injuring an elderly woman and carrying a knife during the commission of a crime
from MaltaToday News http://bit.ly/2Sg11Hh
via IFTTT
Italy slips into recession and weighs on eurozone economy
The Italian economy slipped into recession in the final three months of the year, weighing on the wider eurozone's growth, official figures showed Thursday.
The Italian statistics agency said that Italy, the third-largest economy in the 19-country eurozone, contracted by a quarterly rate of 0.2 percent in the fourth quarter.
Following a 0.1 percent drop in GDP in the previous three-month period, that means Italy is in a technical recession, defined as two straight quarters of economic contraction.
The Italian economy has been hobbled by a lack of confidence and waning business activity following the new populist government's spat with the European Union's executive Commission over its budget plans.
The recession in Italy has weighed on the wider eurozone, which grew by only 0.2 percent in the final three months of 2018, the same as in the previous quarter.
As a result, EU statistics agency Eurostat said that the eurozone expanded by 1.8 percent in 2018 overall. That's a weak figure after the bloc had started the year predicting only a modest slowdown from 2017's 2.3 percent rate.
The eurozone has also been hobbled by an unexpected slowdown in Germany, Europe's biggest economy, which suffered an unexpected contraction in the third quarter largely due to changes in emissions standards that snarled auto sales. And uncertainty over Britain's exit from the EU has weighed on sentiment.
from The Malta Independent http://bit.ly/2UprnEm
via IFTTT
Vaccine against meningitis to be given to all children free of charge – Fearne
Health Minister Chris Fearne said that the Health Department is planning to give vaccine against meningitis - Pneumoccal Conjugated - free of charge to all children.
Answering a parliamentary question submitted by Partit Demokratiku leader Godfrey Farrugia, Fearne said that this measure was being taken to increase prevention against infectious diseases.
Last week a four-year-old boy died of meningitis and, yesterday, an eight-month old girl died of septicaemia. Another girl, aged three weeks, is recovering from meningitis.
The Health Department said that the three cases are unrelated.
from The Malta Independent http://bit.ly/2G16HiC
via IFTTT
PA approves 138-room hotel adjacent to Bay Street which it had indicated it would refuse last month
The Planning Authority board today approved a 138-room four-star hotel adjacent to the Bay Street complex in Paceville, despite indicating its intention to refuse the application in a sitting last December.
On 6 December last year, the board convened and chose to overturn the Case Officer's recommendation to grant approval to the project, with seven board members out of the nine present indicating that they would like to refuse permission for the project.
As is procedure when the board decides to go against the recommendation of the case officer, the final vote on the project was deferred to another date and the applicants were given the opportunity to make the necessary amendments in response to the reasons of refusal that the board indicates.
Indeed, the applicant presented revised plans which eliminated the placement of tables and chairs in the public square, whilst also introducing a baggage drop-off point at the side entrance. Furthermore, plans for a games room were shelved so that vehicles such as taxis and mini-vans have more space to drop-off their passengers and are allowed more of a turning circle.
A reply from Transport Malta with regards to the project was also presented, wherein the transport agency said that the measures with regards to traffic were acceptable as long as a 1.3m footpath for pedestrians was added.
The applicant also argued that the infrastructural impact is not bigger than other projects in the area and that, whilst one of the reasons for refusal was the lack of a master plan, the project should be assessed in accordance with the currently existing local plan. Furthermore, he added that the impact of the proposed development was the least onerous that it could, saying that comparisons with a residential development at Fort Cambridge found that in peak hours this development would in fact generate 34 less traffic movements.
One of the main reasons for refusal remained however that the area was designated as a residential buffer zone. The applicant noted that the St. Rita Chapel, which falls within the site boundaries, was in and of itself a buffer zone. This being said, the PA board member representing the St. Julian's local council said that the project would merely be an extension to all the noise and problems that residents are already facing in the area. To this, the applicant reiterated that the development was the least onerous that it could possibly be.
The PA board in the end voted seven members to four in favour of granting permission to the project. Both the government's and the opposition's members voted in favour of the project.
The Background
The site is proposed to have six underground levels for parking, which will also house a gym, sauna and pool, and a conference room. It will also rise to 11 levels above ground, which includes the ground floor. In total, there will be 138 hotel rooms and 231 car parking spaces created as part of the development.
The site lies on the southern flank of St George's Bay in Paceville, on the lower grounds at the front part of St Rita Chapel/St Augustine Convent which are Grade 2 scheduled buildings. It is bound on the back side with a blank party wall of the entertainment and cinema complex and on the other side by residential villas.
The application caused quite some controversy as the land belongs to a religious order; the Augustians. Archbishop Charles Scicluna had asked the Church's Environment Commission to look into the deal. The environment commission, in their report on 5 October, recommended that the plans be revisited because "the development is contrary to the Floor Area Ratio policy; The site is not amenable to the development of a tall building (i.e. a building higher than 10 floors. A twelve-storey façade overlooking Upper Triq Santu Wistin is excessive and badly impinges on nearby residents and users of the street. The proposed twelve-storey building is excessively close to the priory which is a scheduled Grade 2 building," it had said.
The provincial of the Augustinian order meanwhile had defended the project; Fr Leslie Gatt had said that the income from the deal would help the order invest in its religious, social and educational efforts. He added that the money would also go towards the restoration and upkeep of several historic buildings owned by the order, which are part of the country's heritage.
A separate application for the renovation of the chapel and convent was also indicated to be in the works at the time of December's board meeting. The open space of the development is towards the residential area, while the development itself is on the side of the entertainment hub, the Planning Directorate's representatives had said in December, whilst in terms of long-distance viewpoints, the Directorate had also highlighted that the proposal will not have any changes to the existing skyline.
The main reasons for which the board had indicated that it would refuse the project last December were for a lack of traffic arrangements, a large blank bordering wall, the lack of a master plan for the area, concerns for residents quality of life, and tables and chairs designated for the public space.
from The Malta Independent http://bit.ly/2DJRf8z
via IFTTT
Joseph Muscat offers to drop Caruana Galizia libel in return for declaration she was wrong on Egrant
Joseph Muscat took the witness stand in a libel case he had filed against Daphne Caruana Galizia over a series of blogs in which she claimed Michelle Muscat was the owner of Egrant
from MaltaToday News http://bit.ly/2D015kL
via IFTTT
PM offers to drop libel cases against Caruana Galizia if heirs concede she was wrong about Egrant
Prime Minister Joseph Muscat took the witness stand before magistrate Francesco Depasquale this morning in a libel he had filed against Daphne Caruana Galizia, offering to drop the lawsuits in return for a declaration by the defendant's heirs that she was wrong about the ownership of Egrant.
Lawyer Pawlu Lia asked him what he had to say about the article.
"I want to declare that I had rarely filed libels because I accept that in my position I am subject to critisicm. But in this case the lie was so large, involving my wife and family that the political stability of the country were being affected.
Describing the allegations as a "massive lie", he said he knew neither he nor his family had done anything as alleged in the articles. He had immediatel gone to the magistrate and asked to open an inquiry.
I was frustrated that it took so long but the magistrate made a thorough job, speaking to hundreds
Whoever doenst accept the results of magistrates decision doesn't want to accept the truth.
There was no need for doubt anymore.
"I expect and demand a clear declaration from the other party that they were wrong I am ready to drop the libel cases."
Lia, in view of the declaration that the Prime Minister that if the other party accept the conclusions of the inquiry he is ready to withdraw the libel, asked the defendants to make their position clear.
Zammit Maempel said the PM was basing himself on a report that nobody had seen.
Lia: the conclusions of the inquiry serve those making the allegations as the PM has just declared that there was nothing.
PM: I based myself on the conclusion of the inquiry which is public The magistrate gave no hint of doubt, the results are inconfutable.
The court asked Zammit Maempel whether he needed time to regulate his position. The lawyer was noncommittal.
The PM said that the articles were mentioned in the inquiry.
"My position is clear and emerges from what other people are saying. There is nothing to these allegations. 477 witnesses were spoken to, several rogatory letters were sent to foreign countries. Several details were incorrect especially where given by Maria Efimova. None of the documents quoted were found to exist. They are false documents made by someone who is not identified yet and this was confirmed by several foreign experts.
"Today people smile hearing them but it was a moment of great crisis. The country was on the brink of instability. This thing will hound me, because whenever someone googles my name or my wife's name this will come up. This is why I'm filing this libel."
Quoting from the conclusions of the inquiry he reminded that there were numerous contradictions between testimony given by DCG and Efimova. "Personally, I have no idea if Caruana Galizia came up with these allegations herself or was fed them by someone else or something else. I'm not going to speculate. The fact is that she made them her own, I don't know if she checked them.
All my legal advices say that the inquiry should not be published.
"I am not a lawyer but I understand that if someone invents a story to get someone in trouble it is a criminal act. I don't know who did it yet, what I know is that the victims are myself and my wife. We were targeted specifically and in a cowardly manner by someone."
"I'm not hunting for the person responsible but I will be content if it is accepted that it was a lie."
Quoting at length from the inquiry conclusion, he said "I'm sorry that I'm being emotional but this affected my life. Politics requires a thick skin but I've been in frontline politics for a long time and have only filed another two libels.
"Were I to go through the blog and sue for every libellous thing I could set up camp in this courtroom," said the Prime Minister.
"My level of tolerance is very high but this is unacceptable."
Honestly I cannot understand a situation where that which I requested in the beginning is not accepted. I understand the political and international context but this isn't a question of opinion any more but a question of fact. We are ready to take a step back if the allegations are withdrawn."
The case continues in March.
from The Malta Independent http://bit.ly/2WyDtN5
via IFTTT
TMID Editorial: EP elections - Another round of voter disenfranchisement beckons
We have taken some great strides of late when it comes to reforming the electoral system such as introduction of Vote 16, the rolling electoral register and the advent of electronic vote counting come the next elections this coming May.
Those moves eliminated much of the voter disenfranchisement that had touched upon thousands of people, but there is one huge leap that still has to be taken: the enfranchisement of the disenfranchised voters who live abroad.
Ironically, many of those people work for the European Union, which keeps them away from their home country for long stretches, but, ironically, they will not even be able to participate in the electoral process of the institution for which they work, because they work there.
Strange but true, and people working for Brussels is quite beside the point. The point is that all Maltese citizens, wherever they may roam - be it in Australia or as close by as Italy - should be given the facility to vote, and there are a number of ways in which this could be done.
But first and foremost, what we need is a change in legislation. As matters stand, the law stipulates that in order to be eligible to vote one must now be over 16 years of age and have aggregately lived in Malta for six months out of the 18 months prior to the publication of an electoral register
The European Commission has been taking Malta to task since at least 2011 over this flagrant disenfranchisement of Maltese voters. Malta is, in fact, one of just five EU member states who inflict voter disenfranchisement on their citizens who live abroad. Out of those five countries (Malta plus Denmark, Ireland, Cyprus, and the United Kingdom) Malta's six months out of the last 18 rule is viewed, by far, as the most prohibitive in the bloc.
The right to vote is, after all, a sacrosanct right that needs to be applied appropriately in each and every instance. It is, in so many ways, the very essence of nationality but it is being denied unjustly, even in the eyes of the European Union.
But in the meantime it seems that just as the requirement to have lived in the country for an effective year before becoming a citizen-purchasing citizen is being ignored, and such people are even able to purchase credits against time they have to spend in Malta by making philanthropic donations, born and bred Maltese who live abroad are not allowed to vote.
There appears to be a serious incongruence here, if not an outright slap in the face to those Maltese who are continuously denied that very same right – itself a rarity in Europe and a state of affairs that Europe is attempting to force Malta to set right, with little success so far.
It has created a situation in which a Maltese national who lives abroad cannot vote, but a foreign national who purchased citizenship and rarely even visits the country just might make the cut. If this were to be the case in just one instance, it would be nothing short than a national insult.
from The Malta Independent http://bit.ly/2sYGOYi
via IFTTT
Appeals Court confirms life sentence for man convicted of murder
The Court of Criminal Appeal has confirmed the life sentence impose on Malian Fodie Keita who was convicted of murder almost a year ago.
In February 2018, Keita, a 41-year-old Ivorian, was jailed for the murder of 30 year old Adame Diabate from Mali in 2010. He is also accused of hiding Diabate's body and stealing his mobile phone.
Diabate's body was found, buried in a shallow grave, near the Hal Far open centre. A knife hilt with the letters "F K" was found at the scene.
The prosecution argued that Keita murdered Diabate over a work disputeby stabbing him several times and then crushing his skull with a rock, before stealing his mobile phone. The Samsung mobile found in the possession of the accused had belonged to the victim but had Keita's SIM card in it.
In the appeal, his lawyers had argued that he had suffered a mistrial and asked that he be retried. The reasons offered were that the mobile phones and other evidence were tainted because the police had used them after his arrest. A telephone call was registered three days after the murder, it was argued.
But the court said the argument did not hold water because he had not raised any objection to the evidence when he had been given the opportunity to.
Despite this, the court examined the issue in detail and said that there were no grounds to argue that any irregularity had taken place in the police investigation.
Having re-examined the evidence, the court said it found no reason to question the verdict of the jury or the sentence.
Keita will serve a 30-year-minimum sentence before being eligible to appear before a parole board.
Chief Justice Joseph Azzopardi, Mr. Justice Joseph Zammit McKeon and Madame Justice Edwina Grima presided the appeal.
from The Malta Independent http://bit.ly/2SkN9vq
via IFTTT
Armed robber gets away with undisclosed sum of cash from St Paul’s Bay establishment
Nobody was injured in the incident
from MaltaToday News http://bit.ly/2RYXE8A
via IFTTT
Life sentence confirmed over 2010 Hal Far murder
The accused had murdered 30-year-old Adame Diabate by stabbing him several times and then crushing his skull
from MaltaToday News http://bit.ly/2CVwwgf
via IFTTT
Rescue ship heads to Italian port to disembark 47 migrants
A migrant rescue ship is heading to a Sicilian port to disembark 47 migrants who were kept at sea for nearly two weeks while Italy pressed other European countries to agree to take them in.
The Sea-Watch 3, operated by the German aid group Sea Watch, was being escorted by Italian coast guard ships into port in Catania on Thursday morning.
Premier Giuseppe Conte announced a breakthrough in the standoff earlier this week, saying a half-dozen European countries had agreed to take in the migrants, who were rescued off Libya on Jan. 19, so Italy didn't have to shoulder the burden alone.
Italy's populist government has refused to allow humanitarian ships to dock in a bid to dissuade them from conducting rescues, and to force other countries to take asylum-seekers.
Malta is among seven countries who have agreed to share the migrants, Italy PM Giuseppe Conte said.
from The Malta Independent http://bit.ly/2HU9AE3
via IFTTT
Cash stolen in armed robbery in St Paul’s Bay
Cash was stolen in an armed robbery that took place in St Paul's Bay on Wednesday evening, the police said.
A man wearing black, armed with a firearm, entered the shop in Mosta Road at 9.30pm, and demanded money from the cashier, a 62-year-old woman of St Paul's Bay.
He then made off with an undisclosed amount of cash.
Magistrate Natasha Galea Sciberras is leading an inquiry.
from The Malta Independent http://bit.ly/2SimDTs
via IFTTT
Census finds increasingly aging church-going population; only 36.1% of Catholics attend Mass
57.8% of mass attendees are at least 50 years old or older, representing an aging population of attendees, a census on the attendance levels for Sunday Mass in Malta shows.
In fact, the census shows that in 2017 while the number of those in the 7 to 49 year old age cohort attending mass had decreased since the last census in 2005, the number of attendees in the age cohort 50 years and over had increased since 2005.
The census found a drop in Mass attendance across all age groups, with the exception of people aged 65 and over. The highest decrease was registered amongst people aged 49 or less, where, in 2017, on average 21 percentage points or less people attended Mass on Sunday than in 2005.
The statistics presented in the census show that the general idea of Mass, even on a Sunday or Saturday evening, is even less appealing for adolescents and young adults (15 to 24 years of age) than it was in 2005; only 6% of all attendees were from this age group, as opposed to an 11.3% share of all attendees in 2005.
This equates to a total of 6,721 attendees in this age bracket, compared to 19,135 attendees in the same age bracket in 2005. There were similar significant declines in attendees falling into the 7 to 14 year old category; falling from a 13.9% share (23,500 people) in 2005 to an 8.4% share (9,351) in 2017. This could represent a decline in the number of families attending Mass on a Sunday or Saturday evening.
In reality, there has been a huge decline in Sunday mass attendance across the board and this is reflected in the total attendees. In fact, the number of people who attended Mass on census day – which was over the course of a weekend in December 2017 – was 111,578, or rather 36.1% of the Catholic population in Malta. This is a decrease of 14.5% in attendance since 2005.
Attendance rates declined in all 70 parishes with the exception of three; Manikata, Dingli and Fleur De Lys. Local attendance rates varied from 54.9% in Mgarr to 15.7% in Qawra, compared to 2005 when the rates varied from 79.1% in Mdina to 28.2% in Qawra.
It is interesting to note that whilst the number of attendees over the past 50 years – the first of these surveys was taken in 1967 – had substantially and significantly declined, the gender ratio of attendees had remained roughly the same. The census in fact noted that slightly more than half – 53.1% to be exact – of attendees were women. This is a pattern that has persisted over the course of the past half-century; whilst this may be the most balanced (marginally) ratio between the two genders – it has never been the case that there were more male attendees recorded than female attendees.
The census took into account all the parishes on Malta, whilst Gozo is not included in the study. Its findings in terms of attendance are especially worrying for the Church in the long term; a projection found within the census makes for grim reading and says that if the current rates of decline continue to persist as they seem to have done so over the past 50 years, there will be little to no one attending Mass by the year 2050.
from The Malta Independent http://bit.ly/2BaZjgT
via IFTTT
We’ve won the Super Five lottery! Oh f***, so have 76 others...
€350,000 jackpot is claimed by 77 players whose combination is in multiple of fives – 5, 10, 15, 20, 25
from MaltaToday News http://bit.ly/2TjhfwG
via IFTTT
Freedom of Speech case: Article of Criminal Code runs counter to legal principle – Dean of Law
The wording of article 82A of the Criminal Code on the incitement to racial hatred is so wide, so loosely framed, that it does not meet the standard of a legal principle that states that an offence can exist only if it is established by law, according to Dean of Law at the University of Malta, Professor Kevin Aquilina.
In an interview published today, Aquilina was asked to go through the court judgement passed down in the much-discussed case of Police v Brandon Bartolo.
The defendant was charged on two counts: of having made improper use of an electronic means of communication and of having used hate speech.
On appeal, the Court of Criminal Appeal reversed the original judgment and found the accused guilty as charged.
The case was a result of a complaint by the offended party, Sara Ezabe, who insisted in a previous interview with this newspaper that "when an expression impinges on someone else's human rights it stops being an opinion."
Aquilina queried how it is possible for one to foresee one's conduct when one is mathematically precluded from establishing what the constitutive elements of the crime of incitement of racial hatred exactly or remotely are.
He goes on to maintain that the provision, whilst retained in substance, needs to be properly redrafted.
'The provision, whilst retained in substance, needs to be properly redrafted'
There exists a principle that an offence can exist only if it is established by law (nullum crimen sine lege) and to legal certainty.
The wording of article 82A of the Criminal Code on the incitement to racial hatred is so wide, so loosely framed, that it does not meet the standard for the aforementioned principle, according to Dean of Law at the University of Malta Prof. Kevin Aquilina, and this has human rights implications.
"If one were to dissect the constitutive elements of this provision and calculate the permutations and combinations amongst themselves, the end result is one of mathematical infinity and, consequently, total uncertainty."
Aquilina queried how it is possible for one to foresee one's conduct when one is mathematically precluded from establishing what the constitutive elements of the crime of incitement of racial hatred exactly or remotely are? Going on to maintain that the provision, whilst retained in substance, needs to be properly redrafted.
"Essentially, the provision needs to be dissected into its component parts to make it clear what criminal conduct is prohibited."
Police vs Brandon Bartolo
On the complaint of local activist Sara Ezabe, back in January, Brandon Bartolo was charged on two counts: of having made improper use of an electronic means of communication and of having used hate speech. The Court of Magistrates acquitted him on both charges.
2 weeks ago, on appeal of the Attorney General, the Court of Criminal Appeal reversed the original judgement and found the accused guilty as charged.
Asked to analyse the case by this newspaper, Aquilina broke it down into three parts that particularly defined the end result of the case – incitement to racial hatred; likelihood of stirring up racial hatred; and hate speech.
Incitement to racial hatred
Agreeing with the Court of Criminal Appeal's judgment, the Professor settled that the behaviour of the accused was such as to amount to a criminal offence in terms of article 82A of the Criminal Code, that is, incitement to racial hatred.
He explained that he arrived at this conclusion because the offence in that provision is framed so wide that it does not only contemplate the incitement to racial hatred requiring a criminal intention, but also the likelihood of racial hatred being perpetrated without the need of such criminal intention.
"One therefore has to distinguish between the actual commission, attempted commission and the likelihood of commission of the crime of stirred up racial hatred."
Likelihood of stirring up racial hatred
In the case of a likelihood of stirring up racial hatred, Aquilina explained that there is no need for the racial hatred to have taken place.
A likelihood of stirring up a crime, as distinct from an actual commission of a crime, requires a lower evidentiary burden, so it is not necessary for the prosecution to prove that racial hatred did eventually take place as a result of the incriminated writing.
This means that it is sufficient to prove that the words in and of themselves were racially inflammatory such that they could have influenced a person to commit that crime.
Hate speech
Focusing on hate speech, Aquilina adds that the wording itself is indicative of hate speech when it is referring to our country, our religion, that foreigners are guests here, that they have to comply with our laws and that if they are not willing to do so they have only one option, to go back home.
"Apart from recourse to vulgar language, the gist of the writing is based on a racist perspective, namely, that foreigners who do not share our laws and religion do not deserve to be on Maltese soil."
He continued by saying that freedom of expression does have its own limits, and that apart from denying respect for fundamental freedoms of movement, expression, assembly, association and worship, the words used are not simply inflammatory, but essentially and inherently racist.
"Further, as the Criminal Code states, the incriminated wording has to be interpreted within the context where it is published when if refers to having regard to the circumstances of the case.
In this case, the racist language was published on a website which allowed, surely in the accused's case at least, if not in other cases as well, the publication of hate speech."
Article 82A. of the Criminal Code - Incitement to racial hatred etc.
Added by: III.2002 .19.
Amended by: XI.2009 .2; VIII.2012 .2; XXIV .2014 .13; XXXVII.2016.2.
(1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or racial or religious hatred against another person or group on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion or whereby such violence or racial or religious hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
(2) For the purposes of the foregoing sub-article "violence or racial or religious hatred" means violence or racial or religious hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, citizenship, religion or belief or political or other opinion.
History of Article 82A
Introduction of Provision – Acts of 2002, 2009
Provisions against racial hatred and violence were introduced into the Criminal Code in 2002 and 2009. Whereas in 2002, the offence of incitement to racial hatred was introduced in article 82A of the Criminal Code, by means of Act No. III of 2002.
In 2009, Article 82A of the Criminal Code was amended by substituting the words "racial hatred" to "violence or racial hatred".
The definition of "violence or racial hatred" was specified as being violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group.
Expansion of law – Acts of 2012, 2014
2012 saw Article 82A be expanded to protect specific people or groups.
The words "or racial hatred or whereby" were substituted to "or hatred against another person or group on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion or whereby such".
With the introduction of "gender identity" into this provision, it was also the first time in the history of the law of the English language that a law pertaining to speech compelled someone to say something rather than restricted what one can say.
For example, one is restricted from saying a racial slur (with the intention of inciting hatred), but one was, and still is, now compelled to address an individual with the preferred pronoun(s) that that individual identified with.
In 2014, the words "violence or hatred" were substituted to "violence or racial hatred", and the words "language, ethnic origin" were substituted to "language, national or ethnic origin, citizenship".
from The Malta Independent http://bit.ly/2HIkw7k
via IFTTT
Wednesday, January 30, 2019
English Premier League: Liverpool held 1-1 by Leicester, extends lead to 5 points
Liverpool couldn't fully capitalize on Manchester City's latest slip-up in the Premier League title race, only drawing 1-1 with Leicester to extend its lead to five points on Wednesday.
Injury-hit Tottenham might be back in title contention after scoring twice from the 80th minute to rally to a 2-1 home win over Watford and move seven points behind Liverpool.
Chelsea dropped out of the top four on goal difference after getting thrashed 4-0 at Bournemouth in what proved to be a sobering league debut for its new striker Gonzalo Higuain, who was substituted after 65 minutes.
Liverpool looked on course to move seven points clear of City, which lost 2-1 at Newcastle on Tuesday, when Sadio Mane scored with just over two minutes played at Anfield.
But Leicester equalized on the stroke of halftime through Harry Maguire and Liverpool endured some nervous moments in the second half as it bids to win a first league title since 1990, and 19th overall.
In Wednesday's other game, Wilfried Zaha scored and was later sent off for Crystal Palace in a 1-1 draw at Southampton.
from The Malta Independent http://bit.ly/2sYxZhm
via IFTTT
Naxxar local council warns residents about spate of thefts in locality
The Naxxar local council has warned residents to be wary after a string of thefts in the locality.
In a notice to residents, the council said that if markings are noticed on front doors or gates they should take a photo (above) and report the matter to the police.
It is likely that the thieves are leaving these marking after monitoring the comings and goings of the residents, and committing the thefts when the house is empty.
Any residents noticing any suspicious people in the vicinity are also being asked to notify the police.
from The Malta Independent http://bit.ly/2G0AmZE
via IFTTT
Trump lashes out at US spy chiefs over Iran, North Korea and ISIL
Trump calls US intelligence directors 'naive' after they contradicted his views on threats to the US
from MaltaToday News http://bit.ly/2SngA0d
via IFTTT
President visits Yad Vashem World Holocaust Centre
President of Malta Marie-Louise Coleiro Preca visited the Yad Vashem World Holocaust Center in Jerusalem. During her visit, the President also laid a wreath at the Hall of Remembrance. The wreath was laid on a stone slab under which the ashes of the Holocaust victims from the six extermination camps are buried.
Addressing the media following the signing of the Visitor's Book, President Coleiro Preca spoke about the importance of peace education stating that, "by educating new generations of children, young people, and educators, we can better the chances for our future generations to work for peace, and to live in a peaceful and respectful world, where each and every one of us is treated as a valuable collaborator".
President Coleiro Preca said that our acknowledgement of the suffering which the Holocaust represents must be translated into a firm commitment to promote and to prioritise the dignity and the wellbeing of all people who are experiencing precarity, vulnerability, discrimination and abuse.
At Present, Yad Vashem has two Memoranda of Understanding in place with the Ministry for Education and Employment and with the President's Foundation for the Wellbeing of Society. Through the MoU with the President's Foundation, Yad Vashem representatives visit Malta every January to participate actively in the activities organised by the Foundation on the occasion of World Holocaust Remembrance Day, which also include school visits.
As part of her official visit to Israel, President of Malta Marie-Louise Coleiro Preca held bilateral talks with President of Israel Reuven Rivlin at the Presidential Palace in Jerusalem.
Both presidents spoke of the potential that there is to transform Malta and Israel's excellent bilateral relations into tangible collaborations, where both our countries can collaborate in various sectors including the commercial, the cultural and the tourism sectors.
"We need to engage on as many levels as possible, even through our institutions, and even at civil society level", President Coleiro Preca said, whilst adding that following a meeting which was held with the Malki Foundation, which empowers people with disability, it was agreed that a collaboration with Malta will be looked into in the near future.
The President said that such connections will definitely lead to sustainable friendships between our peoples, "and when one establishes friendship, then the issue of respect comes second to nature". The President said that if there is respect, then there is much more room for positive peace.
President Coleiro Preca also said that the relationship between the peoples of Malta and Israel is built upon our shared Mediterranean identity, further stating that "as nations from this important region of the world, we must be the guardians of hope and promoters of human rights, for the benefit of both present and future generations".
The President was accompanied by Deputy Prime Minister and Minister for Health Chris Fearne, Minister for the Environment, Sustainable Development and Climate Change José Herrera, Parliamentary Secretary for Local Government and Communities Silvio Parnis, and Ambassador of Malta to Israel Cecilia Attard-Pirotta.
from The Malta Independent http://bit.ly/2Tl2V6Q
via IFTTT
EU rejects Theresa May's plans to change Brexit deal
European leaders stand behind agreement as UK leader seeks to tweak the withdrawal text
from MaltaToday News http://bit.ly/2MO7Lax
via IFTTT
Coppa Italia: Holders Juventus eliminated, Fiorentina humiliate Roma 7-1
Four-time defending champion Juventus lost in the Italian Cup quarterfinals on Wednesday, while Roma lost 7-1 at Fiorentina and had forward Edin Dzeko sent off after apparently spitting at the referee.
Juventus is on course for a record-extending eighth successive Serie A title and had won the league and cup double in the past four seasons, but it surprisingly lost 3-0 at Atalanta.
Fiorentina will play Atalanta in the two-legged semifinal. The other match pits AC Milan against either city rival Inter Milan or Lazio, which face each other on Thursday.
Atalanta had not beaten Juventus since a 2-0 victory in the Italian Cup in 2004, with five draws and 21 defeats in all competitions since that victory.
Both teams lost key players to injury in the 27th minute, as Josip Ilicic and Giorgio Chiellini limped off. Ten minutes later Chiellini's replacement, Joao Cancelo, was caught in possession by Timothy Castagne, who sprinted forward and smashed it into the far bottom corner to give Atalanta the lead.
Duvan Zapata doubled Atalanta's lead two minutes later with his 16th goal in his past 10 games.
Juventus coach Massimiliano Allegri was sent to the stands for dissent after throwing his coat to the floor in anger at something in the buildup.
The Bianconeri tried to fight back after the break but couldn't find a way past a determined Atalanta performance and Zapata sealed the result with his second of the match four minutes from time.
DREAM FOR CHIESA, NIGHTMARE FOR DZEKO
Fiorentina forward Federico Chiesa scored his first career hat trick against Roma, which was already 4-1 down when Dzeko was shown a straight red card in the 72nd minute after arguing with referee Gianluca Manganiello and then appearing to spit at him.
Dzeko could be facing a lengthy ban if Manganiello confirms he was spit at in his official match report.
Roma has struggled this campaign after selling the backbone of its squad in the offseason, but had won four of its past five matches.
However, it started badly and Chiesa netted twice in the opening 18 minutes and also hit the post.
Aleksandar Kolarov got one back for Roma in the 28th but Luis Muriel restored Fiorentina's two-goal advantage shortly after.
Roma was better at the start of the second half but its defense let it down again and Marco Benassi extended Fiorentina's tally before Dzeko lost his head.
Chiesa completed his hat trick in the 74th before going off minutes later to a standing ovation.
There was still time for substitute Giovanni Simeone to score twice.
It was the first time Roma had conceded six goals or more in an Italian Cup match since May 1961, also against Fiorentina.
However, Roma coach Eusebio Di Francesco said he will not resign.
"In my head there is never that thought," he said.
from The Malta Independent http://bit.ly/2HHoOft
via IFTTT
Drop in Sunday Mass attendance hits parishes hard all across Malta
A census carried out by the church in Malta found that 36% of Catholics obliged to attend Sunday Mass did so
from MaltaToday News http://bit.ly/2GcHGjP
via IFTTT
[ANALYSIS] Five questions raised by Muscat’s defence of Corinthia deal
On Sunday Muscat defended the Corinthia land deal by invoking the trickle-down benefits of 6-star tourism. But for this to happen do we have to sell public land on the cheap? MaltaToday looks into the matter
from MaltaToday News http://bit.ly/2FYC8Kz
via IFTTT
Growth in pupils choosing ethics over religious studies
All primary school teachers are now trained to teach ethics as demand for subject outstrips teachers' supply
from MaltaToday News http://bit.ly/2MO5I6l
via IFTTT
PN’s executive committee expresses ‘unanimous backing’ for Adrian Delia
The Nationalist Party's Executive Committee this evening expressed unanimous backing for party leader Adrian Delia, the PN said in a statement.
It also condemned the "coordinated and malicious attacks" that are being mounted against Delia and the party.
The statement is identical to another statement issued by the PN's administrative committee when it met two weeks ago.
It is understood that the executive committee issued the statement after holding a debate about Delia's private situation, among other things. Delia has been facing calls to resign after his estranged wife accused him of domestic violence, charges he vehemently denies.
The subject was also discussed during an animated meeting of the PN's Parliamentary Group on Monday.
from The Malta Independent http://bit.ly/2HDQ0vq
via IFTTT
Baby suffering from septicaemia dies in hospital
The baby who was being treated for septicaemia died in hospital today, the Health Ministry said.
No further details were provided.
The eight-month-old girl was admitted to hospital on Monday.
The girl was being treated at the Neonatal Paediatric Intensive Care Unit (NPICU).
This development comes in the wake of two meningitis cases that hit children in the past days, prompting health authorities to give assurances that the three cases are unrelated.
A boy aged four died of meningitis, while the other is recovering.
The two cases were caused by two different types of bacterial meningitis.
from The Malta Independent http://bit.ly/2ToaVnA
via IFTTT
Unprecedented: Super Five jackpot won by 77 ticket-holders
The Super Five jackpot will be divided between 77 ticket holders, an unprecedented result in the history of the game.
The numbers drawn tonight were 5, 10, 15, 20, 25, multiples of five which is clearly a common combination among punters.
They will be sharing €350,000 between them, which would give them €4,545.46 each.
from The Malta Independent http://bit.ly/2BdO3QC
via IFTTT
NAO unable to investigate bribery allegations at Maltese consulate in Algiers
The National Audit Office says visa bribery allegations fall outside its remit but finds weaknesses in the manner by which the Maltese consulate in Algiers operated • Government acted appropriately when it referred allegations to police
from MaltaToday News http://bit.ly/2CTBeuR
via IFTTT
‘Government is choosing to feed one mouth, instead of the mouths of many’ – Delia
Opposition Leader Adrian Delia said this evening that, in the Corinthia deal, the government is choosing to feed one mouth, rather than the mouths of many, calling the deal a 'theft'.
Parliament was discussing the budgetary measures implementation bill. The objects and reasons of this Bill are to implement Budget measures for the financial year 2019.
Delia ripped into government over "corruption" and scandalous agreements signed over the years.
On government finances, Delia said that government's plan is not long-term, and only tries to address loopholes and initiatives that deal with the immediate future.
The world economy effects Malta, he said, highlighting that international experts have said that the international economy has reached a plateau, and could possibly shrink. He said that government's work is to ensure that it is taking all the necessary measures to deal with this, and to see how to address this issue.
Addressing the surplus which Malta is earning, he said that the IIP scheme must be taken into consideration, and that this government had the ability to utilise EU funds which the PN had negotiated amounting to €1.1 bn. He said that the country must be prepared, as if there is a reduction in the international economy, these sources will begin to reduce.
Compounding this matter, he said, it is clear that the EU funds for Malta will be smaller than before.
He said that basing the economy on population numbers is not sustainable due to infrastructure issues, and added that international economic issues could also affect it. This, he said, would have an impact on the GDP which is based on consumption.
He brought up the Corinthia deal, and called it theft. He said that government scrapped the Paceville master plan, adding that the major projects in the area are occurring before such a plan is in place. He said that such a situation would not occur in a serious country.
"Instead of looking ahead and seeing what we want to do with our land, what roads will be used, what best public transportation method is used, we do nothing about this and construct one project after another without planning for them."
He said that the Opposition believes in the tourism sector. "But to use land belonging to the Maltese people, giving it, not for social housing or to help those in need, not to build schools, but as a donation to a private individual, is not permissible."
He highlighted than when seeing land worth over €700 million being sold for €51 million, it is nothing more than "theft from the pockets of the Maltese people, theft from the elderly, from those who struggle." He said that this "theft" is happening in a situation where Malta's youths cannot find places to rent to start their families.
He said that government is choosing to feed one mouth, instead of the mouths of many.
Delia also brought up the American University of Malta and the Vitals Global Healthcare deals. He said that back then government found the excuse of the land being used to build a university in order to give away virgin land in the case of AUM, arguing that it was nothing more than a land speculation exercise.
He said that Malta is paying the price for corruption. He highlighted the 2018 corruption index issued by Transparency International, and said that Malta, for the first time since this survey took place, is in the 51st place, and is in the worst spot it has ever been. "This is this government's certificate after five years, placing worse than Botswana and Rwanda."
"Hungary and Malta have seen their largest decline, allowing corruption to worsen," he said, quoting the report, adding that the government is allowing corruption. It concludes that there is a serious rule of law problem in Malta's judiciary, he said, adding that it also mentions Pilatus Bank and the assassination of Journalist Daphne Caruana Galizia, and the Panama Papers scandals.
"We must understand that corruption is not a political buzzword. Corruption has a price. This price can be calculated, and was calculated by experts, who estimate it to be in the millions."
"This government is only pro big business with particular interests. We are in favour all businesses, including the small family businesses, in favour of creating incentives for those who invest."
"Who of those 3,000 people asking for social housing would we not be able to help with the millions being lost to corruption. Who of all those youths who are struggling with high rents, would we not be able to help with those millions which are the price of corruption."
Speaking about Malta's institutions, he said that Justice needs to be seen to be done. He said everyone is seeing that justice is not being done. "Justice is not being seen in our courts, as the cases are not being decided quickly. Justice is not being given efficiently. The system of judicial appointments was not effective as through the structures, government is still abusing them by appointing those that they want."
On the Office of the Attorney General, he said there is no effort to try and fix things.
from The Malta Independent http://bit.ly/2TmEWEz
via IFTTT
Customs Department generates over €447 million in revenue, weapons, ivory items seized
The Customs Department generated revenue of €447 million, an increase of €20.4 million over 2017, the department said in a statement.
When comparing 2017 versus 2018 revenue performances, although there was a slight decrease in import duties, income from excise duties registered an increase of €10.5 million over 2017, with a sharp spike in excise duty pertaining to construction items and materials.
The VAT collected by the Customs Department on behalf of the VAT Department during 2018 also increased by nearly €12.5 million.
The department collected €13.6 million in Import Duties and €298 million in Excise duty.
It also collected €130 million in VAT.
2018 was s historic and record-breaking year for the Malta Customs Department.
The department provided a list of the total seizures of prohibited, illegal, or excise items.
The list includes over 56 million cigarettes, €113,299 in cash, 71 kilos of chewing tobacco, 3,186 wine bottles, 3,776 plastic bags, 10 unregistered weapons, 3 ivory items, 44 million counterfeit goods and 1,124 kilos of meat and dairy items (through Malta International Airport).
The Customs Department not only strengthened its operations by launching a new Canine Unit and by investing heavily in non-intrusive equipment at the Freeport, but also beefed up its human resources complement and increased the number of enforcement operations in a bid to curb illegal excise-goods importation, the department said.
The important missions of Customs's operations in today's modern society are twofold. Apart from the fact that the Customs Department collects the necessary revenues contributing towards the enhancement of the public coffers and rendering the Department one of the highest Government revenue earners, Customs also protects the general public against harmful products, hampers criminal activity, facilitates commercial activity and protects the environmental and fiscal interests of the European Union.
from The Malta Independent http://bit.ly/2Baick0
via IFTTT
Man cleared of drug charges after white powder turns out not to be illegal substance
A man has been acquitted of aggravated possession after police were tipped off and searched his residence
from MaltaToday News http://bit.ly/2TnPtPA
via IFTTT
EU leaders say no, non and nein to Brexit deal changes
Leaders across the European Union offered a united chorus of "No" on Wednesday to Britain's belated bid to negotiate changes to the Brexit divorce deal so Prime Minister Theresa May can win the backing of her Parliament. In London, May acknowledged that her government hasn't decided exactly how it will try to change the deal to address British lawmakers' concerns about the Irish border.
All this while Britain is headed for the EU exit in less than two months, on March 29.
"We are, quite simply, running out of road," said Irish Foreign Minister Simon Coveney, with a note of exasperation echoed across the continent.
Buoyed by winning a vote in Parliament, May has vowed to secure "legally binding changes" to the withdrawal agreement. British lawmakers voted Tuesday to send May back to Brussels seeking to replace an Irish border provision in the deal with "alternative arrangements," ignoring EU warnings that the agreement cannot be altered.
"We've been down that track before and I don't believe that such alternative arrangements exist," Irish Prime Minister Leo Varadkar said.
Chief EU Brexit negotiator Michel Barnier told reporters at the European Parliament that "the EU institutions remain united, and we stand by the agreement that we have negotiated with the U.K." German government spokesman Steffen Seibert said "opening up the withdrawal agreement is not on the agenda."
Britain and the EU struck a divorce deal in November after a year and a half of tense negotiations. But the agreement has run aground in Britain's Parliament, which overwhelmingly rejected it on Jan. 15.
Much of the opposition centers on a border measure known as the "backstop," a safeguard mechanism would keep the U.K. in a customs union with the EU to remove the need for checks along the border between the U.K.'s Northern Ireland and EU member Ireland after Brexit.
The border area was a flashpoint during decades of conflict in Northern Ireland that cost 3,700 lives. The free flow of people and goods across the near-invisible border underpins both the local economy and Northern Ireland's peace process.
Many pro-Brexit British lawmakers fear the backstop will trap Britain in regulatory lockstep with the EU, and say they won't vote for May's deal unless it is removed.
May was due to speak to Varadkar and European Council President Donald Tusk on Wednesday, and was meeting with opposition Labour Party leader Jeremy Corbyn in an attempt to find elusive cross-party unity on Brexit.
May conceded that her government hadn't settled on a way to replace the backstop, telling lawmakers that "there are a number of proposals for how that could be done." May said measures under consideration included a unilateral exit mechanism from the backstop for Britain, a time limit to the backstop and "mutual recognition and trusted trader schemes."
The EU says the backstop is an insurance policy and as such can't have a time limit or a get-out clause.
The EU parliament point-man on Brexit, Guy Verhofstadt, underlined that nobody in Europe wants to use the backstop, but that it's "needed to be 100 percent sure that there is no border between Northern Ireland and the Irish republic."
Verhofstadt said the only way for May to win concessions would be to back away from her long-held stance that Britain would not remain part of the EU's customs union after Brexit.
"If the future relationship is, for example, a customs union that makes it completely different," Verhofstadt told reporters.
He insisted that Britain needed to quickly move from its internal bickering and disputes in the House of Commons.
"What needs to stop is this: an amendment with 10 votes for, then an amendment with 10 votes against, an amendment that barely pulls through, one that fails," he said of Tuesday's session, which saw seven Brexit amendments, of which two were passed.
"That is no way to build a future relationship with the EU," Verhofstadt said.
from The Malta Independent http://bit.ly/2HEQh13
via IFTTT
Subscribe to:
Posts (Atom)