Issue link: https://maltatoday.uberflip.com/i/1526919
8 maltatoday | SUNDAY • 22 SEPTEMBER 2024 LETTERS & LAW Letters to the Editor Law Report Disgusting ambivalence by Maltese workmen I read your article, Woman Who Fell In Cement-Filled Trench In Mos- ta Screamed For Help As Workers Looked On, with growing disgust. What has happened to the Malta I used to know? This is a terrible indict- ment on my fellow Maltese compatri- ots and is not the sort of patrimony we should be passing on to our chil-dren. The ambivalence shown by these men was appalling and people such as these should hang their heads in total shame. These are the type of men, who grow sons, who will then grow up to disrespect women folk and treat them as second-class citizens and perpetuate this cycle of misogyny. Maybe the country should be teach- ing respect to Malta's young citizens, instead of counting the millions being made from the escalating tourist trade, and its associated greed, which is di- minishing people's humanity. Although I no longer live in Malta, my husband and I often return to my homeland, and would eventually wish to return permanently, God willing. I wish to pass on my hope to this lady that she recovers her good health shortly. Anne McGreevy Melbourne Malta's adoption of the X marker WE are happy to welcome yet another historic step in Malta's recognition of LGBTIQ+ rights. Through Act XXV of 2024, Malta formally swept away the 'male' and 'female' identi-ty monop- oly thereby open the doors for more personal freedom, individuality and acknowl-edgement. Under the new law, Maltese nationals and refugees are now able to rely on a straightfor-ward procedure to change the gender and name assigned to them at birth. Whereas the original Gender Identity, Gender Expression and Sex Characteristics Act (GIGESC) reflect- ed Malta's adherence to a world split between either males or females – the so-called 'binary' approach, the new amendments endorse a non-binary view. The amendment effectively creates a legal third gender. In human and real terms, it cre-ates a new free and safe space for persons to live outside the often-stringent norms tradi-tionally associated with being male or female: behaviour, attire, language, hair, man- ner-isms, life-style, occupation, rela- tionships, etc. We also note that the Act reflects the spirit of the recommendations we had made in our 2023 comments to the proposed amendments, including on the definition of 'non-binary'. At the same time, we echo our earlier recommendation for the authorities to ensure that persons seeking the X marker are provided with honest and accurate information on the im- plications of the document changes, including relating to security whilst travelling. Regrettably, the amendments missed the opportunity to introduce legal amendments per-mitting non-nationals from also amending the documents issued to them in Malta. The ever-growing non-Maltese LG- BTIQ+ community, owed also in part to the attraction of Malta's favourable legal frameworks, demands Malta to be far more inclusive and respect-ful in the way it chooses to recognise human rights. In this regard, we draw attention to our on-going #Safe4All campaign where we are urging Malta: to allow non-nationals to amend their gender and name; to consider as 'family' the stable partners of LGBTIQ+ refugees; to remove from Malta's list of 'safe countries of origin' those countries that criminalise LGBTIQ+ identities or behaviour; and to refrain from detaining vulnerable persons, including LGBTIQ+ persons who might be ex-posed to harassment, bullying or violence. Act XXV of 2024 is yet another mile- stone in Malta's rainbow achievements. We sincerely hope that this momentum is reflected for people and communi- ties that so far have been excluded and marginalised by Malta. Human rights are for all and when the rights of one community are violated, all other com- munities suffer. Aditus Foundation Valletta A judicial sale by auction will not be sus- pended unless there is a legitimate im- pediment warranting such suspension. This was held in Kroll Trustee Services Limited vs M/V JAY 2 decided on the 16t September 2024, presided over by Judge Doreen Clarke. On 29 December 2022, a charter-par- ty agreement was signed between De- groma Trading Inc, as Charterers, and Dreter 2 Ltd as the owners of the vessel. This charterparty agreement was sub- sequently terminated by Dreter 2 Ltd and Degroma Tradinc Inc invoked their right to purchase the vessel in accord- ance with the charterparty agreement. Degroma Trading Inc made a swift transfer of USD 9,886,091.12 for the ac- quisition of the vessel. On 21 February 2024, the company Goldfinch Shipping 2 Limited acquired the vessel from Dreter 2 limited and en- tered into a loan facility agreement with Kroll Trustee Services Limited to be able to purchase the vessel. On 29 February 2024, Degroma presented a precau- tionary warrant of arrest against JAY 2 where it alleged that it had paid the price of the vessel but the vessel was never de- livered to them. On 21 March 2024, Kroll Trustee Ser- vices Limited presented a precaution- ary warrant of arrest against JAY 2 for a credit of USD 65,742,893 owed to it by Goldfinch 2 Ltd because Goldfinch 2 Ltd was not honouring the loan facility agreement. On the 7 May 2024, Kro- ll Trustee Services Limited presented a note in the acts of the precautionary warrant of arrest to render the warrant executive in terms of article 838B of Chapter 12 of the Laws of Malta. Subse- quently, a fresh warrant of arrest of the vessel was presented by Kroll Trustee Services Limited and a decree was given stating that the vessel is to be sold by a judicial sale by auction. As a result, Degroma Trading Inc pre- sented a court application in terms of Article 281 of Chapter 12 of the Laws of Malta asking for the executive war- rant of arrest presented by Kroll Trustee Services Limited to be revoked. It subse- quently filed a court application in the acts of the judicial sale of the vessel, re- questing the court to suspend the judi- cial sale by auction of the vessel because there was a legitimate impediment. It stated that its application filed in terms of Article 281 of Chapter 12 of the Laws of Malta attacking Kroll Trustee Servic- es Limited's executive title had not yet been decreed and this caused a legiti- mate impediment. The Court explained that according to Article 326 of Chapter 12 of the laws of Malta a judicial sale by auction can only be stopped if a legitimate impediment exists. However, the law refrains from explaining what constitutes a legitimate impediment and this is left to the dis- cretion of the adjudicator to determine in each particular case whether circum- stances exist which can legitimately im- pede the sale. The Court reiterated that it cannot enter into the substance of the claim for the revocation made by Degro- ma Trading Inc in terms of Article 281 of Chapter 12 of the Laws of Malta be- cause it will be decided in separate and distinct proceedings by the same Court. Nevertheless, the Court held that the reasons given by Degroma Trading Inc to suspend the judicial sale did not refer to any defect in the executive act in itself (the warrant of arrest) but to surround- ing circumstances. Therefore, in light of the circumstances the Court stated that the claim Degroma Trading Inc filed ac- cording to Article 281 of Chapter 12 of the Laws of Malta to attack the execu- tive title of Kroll Trustee Services Lim- ited cannot be regarded as a legitimate impediment to justify the judicial sale of auction of the vessel to be suspended, and it ordered the sale to continue. A judicial sale by auction will not be suspended unless there is a legitimate impediment JODIE DARMANIN Junior Associate Mifsud & Mifsud Advocates