Issue link: https://maltatoday.uberflip.com/i/1538322
6 maltatoday | SUNDAY • 10 AUGUST 2025 OPINION Matthew Xuereb and Thomas Sciberras Herrera The Jonathan Roger Portelli case: Reforming Article 30A Xuereb is a lawyer and Sciberras Herrera a paralegal LAST April, Jonathan Roger Portelli was ac- quitted by a jury after spending over a decade awaiting trial on charges of trafficking canna- bis resin. After a week-long trial, the jurors only took two hours to reach an 8-1 verdict of not-guilty. It was apparent that the prosecu- tion's case was largely contingent on the work- ings of Article 30A of the Dangerous Drugs Ordinance. Portelli was accused almost exclusively on statements made by two other individuals: Christopher Bartolo and Joseph Grech, under Article 30A. At Bartolo's residence, authorities had discovered 168g of cannabis resin and at Grech's, 321g were found stored in electricity sockets under highly suspicious circumstanc- es. Yet, Portelli who had even less than 7g found at his residence, was named by both of them as their supplier of larger quantities. Article 30A was introduced in 1994 as part of a wider reform in response to the so-called war on drugs. It provides that statements made by a person involved in a drug offence, if con- firmed under oath before a magistrate, may be admitted as evidence against another person charged under the same Ordinance. On paper, this seems like an expedient way to collect ev- idence, secure a conviction and clamp down on the drug gangs. However, in reality and in practice it expressly derogates from a funda- mental safeguard enshrined in Article 661 of the Criminal Code that a confession shall not be evidence except against its maker and shall not prejudice any other person. This rule has been in the Criminal Code since its enactment back in 1854, asserting it as a golden rule in the Maltese law of evidence. Article 661 exists for a good reason. It protects against the risk of incentivising false accusa- tions. A co-accused, hoping for leniency, may be tempted to shift blame onto another. If a co-accused's case has not been decided, and his credibility has not been tested in court, his statement should not be used to jeopardise someone else's liberty. A landmark judgment in this regard was handed down by Chief Justice Emeritus Vin- cent De Gaetano in Police vs Pierre Gravina in 2003 which emphasised the need for such state- ments to be subject to eventual control and cross-examination. Courts have built on this rule and added further safeguards. Today, the prevalent rule is that such statements remain admissible as long as the person making them is cross-examined at any stage of the judicial process. This interpretation has been consistently up- held, save for the landmark judgment Police vs Trevor Borg in 2023, whereby the Court of Magistrates stated that such statements should be ab initio inadmissible, as a co-ac- cused would have every interest in shifting blame. The court added that if the prosecution wants to produce a co-accused as a witness, it should only do so by recalling him after his case becomes res judicata, at a point where tes- timony becomes admissible. Effectively, in this judgment the court ren- dered Article 30A a dead letter in absence of a final judgment given against the same accused. The Court of Appeal upheld this line of rea- soning and appealed to parliament for ade- quate intervention. This was a seminal judge- ment. Nonetheless, this line of reasoning was not followed and the prosecution is today allowed to build a house of cards, resting solely on co-accused statements, only for the founda- tion to be pulled away once the trial begins. This is exactly what happened in Portel- li's case. On the very first day of the trial, the Criminal Court issued a decree removing the sworn statement made by co-accused Christopher Bartolo because his own proceedings were still pending and thus he would not be a compel- lable witness to testify. The decree also barred the prosecution from making any reference to Bartolo's sworn statement. That left only the statement made by Joseph Grech. Thirteen years of legal limbo, based on Article 30A statements; one of which was re- moved as soon as the jury convened. That is not justice. Portelli's outcome was the correct legal out- come, but it came far too late. His case should spell the end of Article 30A in its current form. A law that allows a person to face a trial jury, possibly for up to life imprisonment, on the sole basis of an unchallenged statement is in- compatible with modern standards of proce- dural fairness. Keith Azzopardi Tanti Shaping Malta's future: R&I at the heart of Vision 2050 Parliamentary secretary for youth, research and innovation HOW can Malta's research and innovation community help trans- form the ambitions of Vision 2050 into tangible, real-world outcomes? This was the guiding question at the heart of a recent Science Meets Pol- icy event that brought together re- searchers, engineers and academics with policymakers working on the Malta Vision 2050 document. The event provided an open plat- form to discuss how research and innovation (R&I) can serve as a key driver for shaping Malta's long- term social, economic and envi- ronmental future. Xjenza Malta contributed feedback through- out the drafting process and also supported the organisation of the event. The Vision 2050 document, cur- rently in its consultation phase, sets out an ambitious roadmap for how Malta can be transformed in- to a more resilient, inclusive and sustainable society. A key message that emerged from the event is that R&I must play a central role in achieving this transformation. But R&I does not happen in iso- lation. The vision calls for stronger coordination between sectors, bet- ter governance and more efficient use of funding. A key message from the event was the need to move away from working in silos, and instead fos- ter meaningful collaboration be- tween public entities, universities and private businesses to achieve shared national goals. The role of the private sector was another important theme. In- dustry-led research can provide practical value and ensure that re- search results are translated into real-world benefits. Malta already has success stories, in fields such as semiconductors and cancer, which show how R&I can deliver practical, high-impact results. R&I is helping local en- terprises develop innovative solu- tions with both local and interna- tional relevance. These examples reflect how R&I is not just theo- retical, but has the power to boost competitiveness, drive sustainable economic growth and address na- tional challenges. Vision 2050 encourages stronger public-private partnerships that can turn ideas into action, sup- porting innovation that benefits both industry and society at large. But to deliver on the goals of Vi- sion 2050 we need to invest in both knowledge generation and human capital. Speakers stressed that increasing investment in R&I must go hand in hand with addressing skills gaps and attracting talent. Malta must become a more appealing place for researchers to live and work, not only by offering more attrac- tive research positions, but also by tackling wider quality-of-life issues, such as housing, mobility, cost-of-living and collaboration opportunities. There was also emphasis on the importance of preparing our fu- ture workforce. From AI and ro- botics to sustainability and smart manufacturing, the future will re- quire a highly skilled workforce. Beyond technical skills, we need to cultivate creativity, critical think- ing, and communication abilities. These are essential if young re- searchers are to thrive, innovate and engage with public and policy- makers alike. Malta's future will be shaped by the decisions we make today, and R&I will be key to turning ambi- tion into action. T he Vision 2050 document is still in its consultation phase, and now is the time for citizens, researchers and industry stakeholders alike to help shape it. Industry-led research can provide practical value and ensure that research results are translated into real- world benefits