Issue link: https://maltatoday.uberflip.com/i/1530039
8 maltatoday | SUNDAY • 1 DECEMBER 2024 OPINION & LAW Law Report RESTORATIVE justice focuses on repair- ing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely punitive measures. This principle was notably applied in the judgment of Ir-Repubblika ta' Malta vs Da- vid Scicluna, where the Court of Magistrates (Malta), presided over by Magistrate Dr Ra- chel Montebello, balanced legal obligations with human considerations to provide the accused an opportunity for rehabilitation. Restorative justice emphasises addressing the needs of the victim, the offender, and so- ciety. This approach seeks: 1. Accountability for the offender's actions. 2. Compensation for the victim's harm or loss. 3. Encouragement of the offender's reinte- gration into society. 4. Reduction of recidivism through under- standing and addressing the root causes of criminal behaviour. David Scicluna, a 39-year-old with a his- tory of drug addiction and theft-related of- fences, was charged with, attempted theft of telecommunications cables from Go PLC, causing damage exceeding €2,500, breach- ing bail conditions, reoffending while under probation. While his actions warranted significant le- gal repercussions, the Court acknowledged mitigating factors, particularly his ongoing efforts to overcome drug addiction and im- prove his behaviour. The Court's sentencing reflected restora- tive justice principles by blending accounta- bility with opportunities for reform: 1. Probation Order: Scicluna was placed under a three-year probation order. This community-based sanction allows the of- fender to remain in society while adhering to strict conditions monitored by proba- tion officers. The Court made it clear that failure to comply would result in imprison- ment. 2. Treatment Programme: Recognising that Scicluna's criminal behaviour stemmed from drug addiction, the Court ordered a three-year treatment programme address- ing both substance abuse and psychological challenges. This approach demonstrates a commitment to addressing the underlying causes of his behaviour, rather than merely punishing the symptoms. 3. Victim Compensation: The Court or- dered Scicluna to pay €2,155 in damages to Go PLC. This restitution ensures that the victim receives tangible redress, emphasis- ing the offender's accountability to those directly harmed by his actions. 4. Conditional Leniency: Although Sciclu- na was a repeat offender, the Court opted not to impose a custodial sentence, consid- ering his recent progress in rehabilitation. The magistrate highlighted that this was a final opportunity for him to reform, under- lining the restorative justice tenet of reinte- gration. The judgment acknowledged the severity of Scicluna's actions while emphasising the importance of his rehabilitation. While re- storative justice offers significant benefits, its success hinges on the offender's active participation. Magistrate Montebello ex- plicitly warned Scicluna that this opportu- nity was conditional. Any further breach of probation or reoffending would lead to stricter penalties, including imprisonment. The judgment also highlighted systemic challenges, such as ensuring adequate re- sources for probation and treatment pro- grammes and maintaining rigorous moni- toring of offenders. The case of Ir-Repubblika ta' Malta vs Da- vid Scicluna exemplifies restorative justice in action. By focusing on rehabilitation and victim restitution, the Court underscored the potential for individuals to reform when given the appropriate support and condi- tions. At its core, the judgment reflects a belief in human dignity and the possibility of redemption, even for those with troubled pasts. Restorative justice, as applied in this case, offers a model for balancing legal accounta- bility with meaningful rehabilitation, creat- ing a framework where offenders can con- tribute positively to society while addressing the harm they have caused. Restorative justice in action ROBERTA BONELLO FELICE Mifsud & Mifsud Advocates When they shine, the country shines IN preparation for my parliamentary budget estimates speech we ask the entities within my ministry to give us a detailed account of the work they have carried out during the year and their plans for the coming year. Admittedly, I do not need reports to know that the people within these entities are giv- ing their all for their respective sectors. I can attest firsthand to their passion and dedica- tion towards national heritage, the arts and local government. But I confess that when I read the reports that each entity sends, I am amazed by the sheer amount of work and initiative that these entities carry out during the year. I am lucky to meet and be inspired by these people every day. I confess that, every time I meet them, I strengthen my will to work harder to create more opportunities for these very dedicated and capable artists. When they shine, Malta shines. Here's a short recap of what we achieved in 2024: MICAS: A €30 million investment and 4,000sq.m of land given back to the people. This is Malta's first international contempo- rary art museum. NAPA: The National Agency for Perform- ing Arts continues to invest in its artistic programmes and begins a journey on a Cre- ative Europe project that provides a plat- form for unique languages in Europe, not least Maltese. VCA: The Valletta Cultural Agency worked on several big projects, including the concerts 'L-Ghanja li Hadd ma Jsikket: Ray Mahoney', the 'Valletta Green Festival', and the 'Valletta Pageant of the Seas'. Heritage Malta: The positive trend that Heritage Malta experienced during 2023 continued during the current year, as re- flected in the number of visitors who visited the sites and museums administered by the agency. MPO: During 2024, the Malta Philhar- monic Orchestra did a great job to bring music, in its many forms, to the Maltese public. ACM: The ESF+ for 2025–2028 aimed at designing and delivering training pro- grammes for the cultural and creative sec- tors, supported by a budget of €1.43m is one of several initiatives being taken by the Arts Council Malta. The Manoel Theatre: We continue to in- vest in the upkeep of this 300-year-old gem of a theatre including a new passenger lift so that now every floor in the theatre is acces- sible to everyone. Festivals Malta: The Agency staged a new Opera production, which was launched as part of the Malta Biennale 2024. It contin- ues to invest heavily in the popular Muzika Muzika festival. Directorate of Culture: Thanks to its ster- ling job, the Maltese Festa was recognised as a UNESCO living heritage. The Cultural Heritage Superintendence: It invested in a €90,000 fund for the resto- ration projects of mobile cultural heritage assets located in parish churches. PBS: The Public Broadcasting Services continued to provide a service to the pub- lic through its various means of broadcast- ing. It also broadcasted all the EURO 2024 matches, continuous highlights from the Paris Olympics and Paralympics. Restoration: The Department of Restora- tion completed several restoration projects carried out in different locations around Malta, on churches, fortresses, and other monuments including the Jesuit Church in Valletta. National Archives: It carried an update of the digital cataloging system as well as in the IT infrastructure. National Library: A lift has been installed for further accessibility. And budget 2025 will see the execution of even more ambitious projects, including: Cultural Hub, Marsa: The construction of new facilities for Culture and the Arts, in- cluding for Carnival Enthusiasts. €15 million from EU funds have already been secured. Villa Guardamangia: €10 million have been secured for this beautiful restoration project from EU funds. Restoration: An unprecedented 40 pro- jects nationwide including the restoration of the Main Guard in Valletta. MICAS: A €600,000 Sculpture Garden. Arts Council: Malta to take part in the prestigious, Gwangju, South Korea, Art Bi- ennale. PBS: An underground car park at Malex House and a studio that can accommodate 800 people, along with investment in new equipment. Eurovision Village: A Eurovision Camp and Village shall be set up. Budget 2025 will help us achieve another milestone: That which, through heritage, art and culture, we give our people what they deserve: A country of quality. Owen Bonnici is minister for the arts and national heritage Owen Bonnici