Issue link: https://maltatoday.uberflip.com/i/1133773
25 OPINION maltatoday | SUNDAY • 23 JUNE 2019 so far as to unilaterally rewrite Maltese law while delivering a verdict. But the same cannot be said for various women's rights organisa- tions, as well as lecturers within the University's Faculty of Social Well-being, who all took to the social media to express their outrage. Quite rightly, too: for once again, this has to be viewed within its proper social and cultural context. Malta regis- ters among the highest rates of domestic violence – and, specifi- cally, femicide – anywhere in the EU. It is already bad enough that the law-courts have already made a habit of treating such matters very lightly indeed: always favour- ing 'reconciliation' over punitive justice, even in the case of serial, repeat offenders; and invariably meting out the lowest penalties permissible at law. This judg- ment, however, sets an incredibly dangerous precedent. It allows any magistrate in future to simply override expert testimony at his or her own whim or idle fancy… without even bothering to give any explanation for the decision. (Nowhere does Mifsud's ruling state on what 'facts', specifically, he based his bizarre reclassifica- tion of a medically-confirmed injury). Most unconscionable of all, however, Magistrate Joe Mifsud's ruling puts not only that woman's life back into imminent danger… but also the life of her children (whom the husband also threat- ened to kill, remember?). Now: let's try and project the possible outcomes of this rul- ing, shall we? Husband once again flies into a rage, over some equally trivial 'misdemeanour', and this time breaks his wife's other leg… or maybe both her arms… or heck, maybe he really does just throw her off Ta' Cenc Cliffs, like he's already threatened to do. Followed by their children, and possibly even by himself. (Let's face it: it's not as though this sort of thing has never hap- pened before…) What would Joe Mifsud's culpa- bility be in any of those scenarios, I wonder? What Mike Spiteri lyrics will he quote to himself this time, to assuage his conscience over what could very easily evolve into a domestic tragedy of Garcia Lorca proportions? I don't know, but one thing is certain. That verdict is not a case of justice being served. And while it may yet be corrected on appeal… there is simply no way to correct the glaring (and quite frankly indefensible) mistake of having appointed the likes of Joe Mifsud to the judiciary in the first place. The only hope is that he one day realises that his job is no longer to pass off his own private opin- ions as facts – as it used to be, when he was still a TV celebrity – but to administer justice. There is, after all, a rather huge differ- ence between the two. THE blazer and tie of state schools students have started their slow end following a consul-tation process with students, parents and educators. All three have voted in their majority to change to a tracksuit. It comes as no surprise that students were the most vociferous in voting to strike out the blazer. We wanted to do this process in its entirety because we wanted to give a voice to all stakeholders. Even when some decisions look ob- vious, it is important to go through a consultation process because one can learn a lot of details that can make the final outcome better. One of the top priorities was to make sure that we do not create additional expenses to par- ents and the way this will be phased out means that the clothes that have been bought recently have at least two years of use. In schools the focus of the structure is obviously education and learning. But happiness is just as important. Happy children learn. Most of us re- member our school days as memora- ble times, but there was also a hint of dreariness. Learning should be fun and exciting, and childhood should be free from the barriers, limitations and obligations of adulthood. Some of these children will grow up working in an environment where they must wear a suit, but let's leave adulthood to adults and let's focus on a child's happiness rather than preparing, even in clothing, for a job. This idea that children need to be almost indoctrinated from an early age and be obedient units, walk in a line and put on a tie will probably be something future generations will laugh at. Childhood should be among learning what life is about, about try- ing different ex-periences from sport to music. It should be about finding one's talents, about understanding who we are as individuals and what we enjoy doing. It's about relating all this to something productive, not just how we can earn a living but also how we can improve our communi- ties, our surroundings and ultimately ourselves. I'd rather we focus more on creativity, citi-zenship, the arts and learning to live together. You don't need a tie and a blazer to do this. A man from Mali I'd like you to spare a moment for a thought about Dieidy Coulibaly. Lawyers tell me there is a magisterial inquiry and that I cannot say much about the circumstances due to the legal process, but I find it difficult not to spare at least a thought on his young man. He died in a construction incident on the site of the new Qawra Primary School. In many news article his name hasn't appeared, he was just a 'Man from Mali'. This man had a name, had a loving family and had a bright life in front of him. I won't delve in the construction issue, I think enough has been said by others. But we should remember that there are a lot of foreign workers in Malta and that through their work we have, in this example, schools for our children. I think we should show more appreciation and oblige our- selves to do more – both as workers and as human-beings. It's about happiness Evarist Bartolo In schools the focus of the structure is obviously education and learning. But happiness is just as important Magistrate Joseph Mifsud's job is no longer to pass off his own private opinions as facts – as it used to be, when he was still a TV celebrity – but to administer justice. There is, after all, a rather huge difference between the two Evarist Bartolo is Minister for Education and Employment