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8 maltatoday | SUNDAY • 15 SEPTEMBER 2024 LETTERS & LAW Letters to the Editor Law Report Mental health and root causes MFOPD is relieved that mental health issues are finally being mentioned open- ly and addressed at national level, espe- cially with discussions of reform. How- ever, we must be cautious not to view these steps as a complete solution. The root causes of mental health issues such as overpopulation, traffic congestion, excessive construction and environmen- tal degradation are still being ignored. It is important to recognise the broad- er socio-environmental factors that contribute to mental health problems. MFOPD urges for these underlying issues to be addressed to truly improve mental health on a societal scale. Addressing the underlying causes of mental health problems requires a mul- ti-faceted approach. Suggestions of how these issues can be tackled to promote better mental health are: 1. Urban planning and sustainable development: Increasing the number of parks and green areas can help alleviate stress and promote mental well-being; stricter regulations on overbuilding and high-density developments can prevent overcrowding and preserve the quality of life; limiting excessive construction in already congested areas can reduce stress caused by noise and overcrowding. 2. Traffic management and trans- portation infrastructure: Investing in efficient and accessible public transpor- tation can reduce traffic congestion and commute times. This not only decreases stress for commuters but also reduces pollution; promoting cycling by build- ing safe, dedicated bike lanes offers a healthier, environmentally-friendly al- ternative for commuting, reducing traf- fic while encouraging physical activity, which is beneficial for mental health. 3. Environmental protection and con- servation: Implementing stricter policies to protect natural areas from overbuild- ing and pollution will preserve environ- ments that are critical to public health; incentivising businesses and communi- ties to adopt more sustainable practices such as renewable energy, waste reduc- tion, and water conservation. 4. Community building and social programmes: Promoting awareness around mental health and its connec- tion to environmental and societal fac- tors is key; more localised mental health support systems, such as clinics and counsellors in community centres, can offer immediate help to those struggling due to environmental stressors; encour- aging social interaction within commu- nities can foster a sense of belonging, reduce isolation, and help people sup- port one another. 5. Policy reforms: Ensuring that men- tal health policies are integrated into broader public policies related to urban planning, environmental protection, and social welfare; government policies aimed at providing affordable housing in less congested areas can reduce the stress associated with high-density liv- ing conditions; advocating for policies that promote work-life balance, such as flexible working hours, remote work options, and reduced workweek models. 6. Collaborative approaches: Mental health professionals, urban planners, environmentalists, and policymakers need to collaborate to create a more ho- listic approach to public health; govern- ments should involve local communities in decision-making processes, ensuring that residents' voices are heard regard- ing developments that impact their living conditions and mental health. 7. Monitoring and research: Conduct- ing studies that track the long-term im- pact of environmental factors on mental health can provide evidence-based in- sights for future policies; governments should establish clear metrics for mon- itoring public mental health alongside environmental indicators, such as air quality, noise levels, and green space availability. Fixing these issues requires compre- hensive policies whereby governments commit to long-term planning that focuses not just on economic growth but also on sustainability and human well-being. It also requires more public engagement and awareness campaigns. The more immediate reforms to create more green spaces, regulate construction, and improving public transport should be fast-tracked since they have immediate benefits for mental health. Marthese Mugliette President Malta Federation of Organisations Persons with Disability THE Court must be convinced that the evidence brought before it was not tam- pered with. This was held in a judgment delivered by the Court of Criminal Ap- peal on 5 September 2024 in the Police vs James Zahra. The court was presided by Mr Justice Neville Camilleri. Zahra was charged with breaching public peace and committing crimes against public decency on January 2024 in Kalkara. On 29 May 2024, the Appellant, James Zahra, was condemned to a conditional dis- charge for a year, after he was found guilty of the two offences. Zahra appealed, asking the Court of Crim- inal Appeal to revoke the judgment of the Magistrates Court. The evidence of this case showed that this was a dispute between neighbours. The neighbour was taking out a boat from his ga- rage but could not because of the manner by which Zahra was parked. The neighbour's daughter knocked on the Appellant's door, but nobody answered. Later the neighbour called the police for their assistance. The Appellant then emerged and started an ar- gument with his neighbour and hurled in- sults towards him. The Court of Criminal Appeal held that it is a long-established rule that the appellate court does not disturb the analysis of the ev- idence. This principle was held in a previous judgment the Police vs Joseph Aquilina de- cided on 5 December 2023. In the judgment, the Court of Criminal Appeal held that it does not analyse the evidence from scratch and does not decide the case by replacing the work that the Magistrates' Court carried out and arriving to the conclusion whether the accused is guilty or not guilty. The Criminal Appeals Court's role is to re- vise the work carried out by the first court and to see whether it could have reasonably arrived to the first court's conclusions. In the case under review, the Appellant ar- gued that the first court based its judgment on the films found in the acts of the case, however, there was no evidence of who col- lected these films and therefore they should not have been admissible. The Court of Criminal Appeal agreed. The Court quoted from the Republic of Malta vs Clayton McKay decided by the Criminal Court, which said that the accused must be guaranteed that the evidence is genuine. The accused should know how the evidence was collected and its movements. The judge should have peace of mind that its movements are traceable. This is something that the prosecution must prove. In the Peo- ple vs Connelly, a US 1974 judgment, held: "When the evidence itself is not patently identifiable of is capable of being replaced or altered, admissibility generally requires that all those who have handled the item 'identify it and testify to its custody and unchanged condition." The Court of Criminal Appeal ruled that the films are inadmissible. As to the second ground of appeal, the sec- ond charge filed against the Appellant is that he grabbed his private parts. The Court held the Appellant, who explained that he was scratching the groin area, because he has hernia. The Court read the testimony of the injured party and her daughter, which were consistent with each other. The Court quot- ed from the Police vs Vincent Farrugia deliv- ered by the Court of Criminal Appeal on 20 December 2022, which said that if one wit- ness is believed and the prosecution would have managed to reach the level of evidence to beyond reasonable doubt, this would be sufficient to prove the case. The Court quoted from another judgment the Police vs Clyde Caruana decided on 31 October 2022, which held that not every conflict should go in favour of the accused. The Court is free to choose a version, if it fits the criteria listed in Article 637 of the Crim- inal Code. Saying all this, the court held that it was believing the injured parties. The third ground of appeal aimed that showing that the incident did not take place in public. The incident took place in a stair- way in an enclosed area and therefore, could not be seen in public or was in the line of sight. The Court referred to the testimony of the injured party, which was deemed credi- ble and believable and therefore, dismissed this ground of appeal. In his fourth ground of appeal, the Appel- lant said that he did not have any intention to do these gestures. He complained that the first court compared these gestures as those of a football ground. The Court of Criminal Appeal pointed out that these gestures were made in front of a minor child. Therefore, the Appellant should have known what he is doing. As to the punishment, the Appellant did not appeal from the punishment, however, the Court took this into consideration. The First Court imposed a conditional discharge. The Court of Criminal Appeal held that it should not reduce the punishment. The Court of Criminal Appeal, then moved to uphold the first ground of appeal and re- ject the rest. The Court also confirmed the punishment. Evidence must have an audit trail LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates