Issue link: https://maltatoday.uberflip.com/i/1533839
maltatoday | SUNDAY • 30 MARCH 2025 8 OPINION LAW Miriam Dalli is minister for energy, the environment and Grand Harbour regeneration Law Report ON 25 March 2025, the Court of Criminal Appeal, led by Mr Justice Neville Camill- eri, delivered a judgment in the case The Police vs IS. The case arises from a conflict between IS and his wife, SS, occurring on 27 June 2022. This judgment highlights crucial aspects of domestic disputes, the evidentiary burden in criminal law, and the nature of judicial discretion in assess- ing credibility. The appellant, IS, faced three charg- es stemming from an incident involving alleged physical harm and coercive be- haviour towards his wife. The charges included: Causing harm to SS without intent to kill or endanger her life; utter- ing insults and threats against her; and illegally changing locks in a property claimed by his wife. After an initial court hearing, the Court of Magistrates declared the second charge time-barred and acquitted IS of the third charge. However, he was found guilty of the first charge, which resulted in a re- quirement to enter a deposit of €1,000 to ensure the safety of his wife and maintain public peace for 12 months. The crux of the appeal dealt with IS's claim of innocence concerning the first charge. The defence argued against the prosecution's burden of proving guilt, highlighting conflicting narratives be- tween the couple regarding the incident. The appellant contended that the med- ical evidence did not support physical abuse, asserting that the lack of visible injuries reflected favourably on his case. In response, the Attorney General re- butted IS's claims, maintaining that the initial court effectively gave weight to witness credibility and evidence. The judgment underscores the principle that it is the court's role to determine which testimony to believe based on the evi- dence presented. Notably, the First Court had access to the testimonies of both par- ties and based its determination on the credibility of those accounts. From the evidence produced, the cou- ple live apart from each other. On the day of the incident the wife went to the property where the husband lived. The wife claimed the property as her own and visited to see whether the property was in a good state. When she arrived, she tried to open the door but could not. Her husband came out and asked her to leave. When she refused, she was manhandled by him. The husband disagreed with this version of events and said that he did not change the locks and neither did he push his wife. A critical aspect of this judgment in- volved the evaluation of conflicting tes- timonies. Justice Camilleri referenced previous cases, reinforcing that not all discrepancies in witness statements auto- matically favour the accused. Instead, the court must analyse the context, content, and consistency of evidence provided. This principle illustrates the complex- ity involved in domestic violence cases, where emotional narratives often com- plicate factual accounts. In IS's case, both parties testified about the argu- ment, with IS acknowledging that he had grasped his wife by her arm but de- scribed it as minor. The judgment reflects a judicial com- mitment to safeguarding against unjust convictions, while also navigating the delicate realities of personal violence and personal disputes. The court ultimately affirmed the First Court's decision, stating that the evi- dence supported its conclusions and that the appellant did not manage to overturn the burden of proof established against him. The Court then turned down the appeal and confirmed the judgment delivered by the Magistrates' Court. Court may decide a case even if there is conflicting evidence LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates MALCOLM MIFSUD Mifsud & Mifsud Advocates Miriam Dalli Changing the flow MY children, heading off to school in the morning, rarely hesitate to turn on the faucet and fill their water bottles. It's something they've grown accustomed to; simply drinking tap water without a second thought. This sense of ease, how- ever, is not something that every house- hold shares. For too long, many families have relied on large water containers or disposable plastic bottles, whether be- cause of taste preferences or old con- cerns over quality. Yet, I've always known that our tap water has long been safe; continuous investment, rigorous testing and com- pliance with European standards have ensured that. What spurred us to take addition- al steps was the desire to make it more pleasant in taste and more accessible, as well as to raise awareness on its quality and safety. We've completed significant upgrades to our water infrastructure and continued to invest in advanced systems that both refine taste and maintain the high level of health standards we have always upheld. I've spent a great deal of time with the dedicated team at the Water Services Corporation, whose efforts consistently prove that innovation is not only possi- ble but also essential. Together we felt the need to encourage a cultural shift toward drinking tap wa- ter because we understand that the real concern has long been trust and taste. We addressed both. Our new initiative tackles the taste issue head-on by ensur- ing the water is more palatable to the av- erage consumer. In truth, many individ- uals who still hesitate to drink tap water are basing those concerns on old infor- mation or lingering impressions. We're taking active steps to change that. Of course, changing a national mindset isn't achieved by words alone, which is why we are offering households substan- tial financial incentives to install sim- ple active carbon filters if they wish to enhance the taste even further. In most cases, these filters are straightforward and cost-effective. This is about giving people the choice, and about supporting them if they wish to explore this health- ier, more sustainable option. Some peo- ple may already have more advanced fil- tration systems at home, and that's fine, too. The point is to help everyone feel confident in turning on their faucet and enjoying the water that comes out. For this reason, the reverse osmosis scheme remains available and unchanged. There's another aspect to this effort that I care deeply about – the environ- ment. By making tap water the default option – at home, at schools, and in workplaces – we move significantly clos- er to our sustainability goals. I'm also encouraged by the eager re- sponse from our tourism and hospitality sectors. In my conversations with hotel and restaurant owners, many have al- ready been working to provide tap wa- ter to patrons. Some prefer filtered ver- sions, served in reusable glass bottles, or poured directly from the tap with pride. This is the kind of cultural shift I envi- sion; a setting in which asking for tap water is perfectly normal, where nei- ther locals nor visitors think twice about whether it's safe. Several people have asked me whether it's challenging to inspire such a major change. Truthfully, I find it energising. It's good to see our resources used effec- tively. I picture a future where children like mine, and indeed their own chil- dren, will find it inconceivable that an- yone ever questioned the quality of the water straight from our taps. On a personal note, as someone who has addressed countless community con- cerns, I know there's a real sense of pride when we see a plan come to fruition. We made a commitment to use public funds wisely, to invest in initiatives that bring the most tangible benefits. And provid- ing an even better standard of water fits neatly into that commitment. Yet I don't see this as the end of our journey. We will continue refining our systems, implementing new technolo- gies, and seeking ways to optimise taste, reduce waste, and boost public confi- dence. In the months ahead, I plan to widen our reach even more, working along- side educational institutions and private businesses to further integrate tap water into daily life. Through these collaborations, we'll continue to spark conversations about health, environmental protection, and economic sense. Because at its core, this initiative truly is about changing the flow.