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MALTATODAY 9 NOVEMBER 2025

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FOR the past three years, we have been working hard to re- generate existing spaces and cre- ate new ones. So far, my ministry and its entities have delivered 61 projects, with work underway on several more. But these pro- jects are not boxes to be ticked off an implementation list. They are projects that connect us with citizens—projects that give fami- lies, youths, children, and the el- derly the quiet space they yearn far away from the daily grind. For the Nationalist Opposition, the promotion we are giving to these spaces is a waste of money. For us, it is the opposite and I will explain why. Last week, we chose Wied Inċita for the launch of the ParksInMa- lta platform. As members of the press and other guests gathered around, many were positively impressed by how completely the area had changed. Wied In- ċita tells a story of renewal. Un- til a year ago, it was a neglected stretch of land; today, families walk, children play, and trees have taken root where dirt and abandoned material once dom- inated. Soon, this site will grow further. Every metre returned to the public reflects a wider shift in how we value land and space in our country. I am sure that whilst reading this, many of you might be asking yourself 'where exactly is Wied Inċita?' Or, if you know, perhaps wondering why you've never vis- ited. This is where the new web app comes in. Parksinmalta.mt was created so that everyone can discover where our recreation- al spaces are located, including playgrounds because families with young children also need accessible, safe places to spend time outdoors. The platform already features over 200 open spaces available to the public today. It also brings together the results of dozens of recent projects and assembles them in one accessible space. It allows citizens to see where in- vestment in green areas is taking place, to plan visits, and to report issues directly. Behind this prac- tical tool lies a broader idea: en- vironmental policy must stand at the centre of governance, not at its edges. Our commitment is to ensure that every community has access to a public open space within a short walk from home. This goal is ambitious for a densely popu- lated island like ours, but ambi- tion is no longer a choice. The pressures of density and climate demand it. Malta's environmental strategy must be bold, creative, and una- fraid of reshaping old habits. That means working close- ly with local councils, regional authorities, and the private sec- tor. It means using public land wisely, regenerating what has been abandoned, and ensur- ing that every project serves the community that lives around it. Development without purpose deepens inequality; regeneration with vision strengthens our so- cial fabric. At Wied Inċita, I stood along- side the health minister because environmental policy and health policy can no longer be separat- ed. Our task as government is to make these open spaces perma- nent, protected, and valued. Budget 2026 takes that task se- riously. The environment now carries the largest capital vote ev- er allocated to this ministry: €275 million. Around the world, many governments are cutting back on sustainability investment be- cause of economic uncertainty. We are doing the opposite. We are investing more because our economy is stronger, and be- cause lasting prosperity depends on the choices we make today. Economic growth that destroys its own natural base is not growth at all. Real progress strengthens both. Our challenge is to weave environmental planning into every policy area. We are reaching a moment of national clarity: every decision about land, infrastructure, or energy is also a decision about health, community, and fair- ness—above all, about the fu- ture of our children. That is the standard we must live up to. ON the 29 September 2025, in the case Police vs Ojo Osuyuwame, presided over by Magistrate Yana Micallef Sta- frace, the court reaffirmed a funda- mental principle of criminal law: An accused person cannot be found guilty of an offence that is not substantiated by the evidence which is presented in court. The case concerned allegations of dangerous, reckless, and negligent driving involving a vehicle which the prosecution claimed was driven by the accused. It was further alleged that this conduct resulted in injuries to a third party. According to the Criminal Code, when there are not sufficient reasons for a person to be arrested, the police have the option to issue a citation for that person to appear before the Court of Magistrates to answer the charges brought against them. This process must be carried out in accordance with the law and must meet certain essential criteria. The summons shall contain a clear designation of the person summoned and a brief statement of the facts of the charge together with such particu- lars as to time and place as it may be necessary or practicable to give. It shall also contain an intimation that, in de- fault of appearance, the person sum- moned shall be arrested by warrant of the court and arraigned on such day as maybe stated in the warrant. In the case at hand, the charge sheet al- leged that the accused had been driving a vehicle with a specific number plate. Yet, the evidence produced in Court all pointed towards a vehicle with a differ- ent number plate. Therefore the num- ber plate cited in the charge sheet did not align with the facts and evidence established during the case. Nor was it proved that the vehicle indicated in the charge sheet was ever driven or was in any way connected to the accused. This represents a fundamental defect in the content of the citation, which is the lack of connection between the in- dicated vehicle in the charge sheet and the defendant. In such circumstances, wherein the key element identifying the car is incorrect, it is impossible for the accused to be found guilty of the charge proffered against him. As a re- sult, the prosecution failed to establish that the accused was in fact driving the same vehicle indicated on the charge sheet. This above principle has been clearly emphasised in various prior judgments by the Maltese courts. The prosecution must prove not only the existence of the offence but also the direct connec- tion to the alleged accused, and where such a link does not exist or is refut- ed, the accused must be acquitted. The defence made further reference to case law on this point and also on the point that the prosecution cannot request to adjust any errors after having rest- ed their case, as was attempted in this case. Even if the prosecution claims the er- ror was a typographical one, the nec- essary adjustment in the charge sheet must be made in a timely manner, and in the absence of this, the accused can- not be found guilty. In this case, the prosecution did not make a request to amend the charge sheet prior to resting their case and therefore the change was not allowed later. The court here had a situation where the vehicle identified through the tes- timony and evidence produced in the acts of the case did not tally with the vehicle indicated in the charge sheet. This constitutes a serious material and factual discrepancy, which falls short of the requirement of precision required by law in the details on the citation. The court held that criminal liability is to always be proven beyond reason- able doubt, a threshold that was not met in this instance. Since no evidence connected the accused to the vehicle mentioned in the charge sheet in ques- tion, the court found that the prose- cution had failed to prove the charge beyond reasonable doubt. This case showed that it is not suf- ficient for the prosecution to demon- strate the commission of an offence. It must also prove a clear and direct link between the alleged act and the accused. Where such link is absent, ac- quittal must follow. Subsequently, the court acquitted the accused of all charges and discharged him from any guilt or punishment. The accused was represented by law- yer Gianluca Cappitta. 8 maltatoday | SUNDAY • 9 NOVEMBER 2025 OPINION & LAW Errors in charge sheet lead to acquittal in criminal case I am sure that whilst reading this, many of you might be asking yourself 'where exactly is Wied Inċita?' Or, if you know, perhaps wondering why you've never visited Gianluca Cappitta Open spaces at the touch of a button Miriam Dalli Minister for the environment, energy and Grand Harbour Regeneration Mifsud and Mifsud Advocates

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