Issue link: https://maltatoday.uberflip.com/i/1547461
5 maltatoday | WEDNESDAY • 4 NOVEMBER 2026 NEWS mary carers. The paper calls for a review of routine sequestration dur- ing lengthy trials, suggesting it should be reserved for ex- ceptional circumstances where less restrictive safeguards would suffice. It also proposes psychological support and de- briefing for jurors exposed to traumatic evidence. 4. Strengthen police investigations and prosecutorial capacity Repubblika stresses that ju- ries can only assess the evi- dence presented to them. They cannot compensate for weak investigations, missing forensic evidence or shortcomings in the prosecution's case. The paper points to police resignations rising from 29 in 2013–2015 to 90 in 2020–2022. It also refers to more than 100 criminal jury trials awaiting a hearing, citing the Europe- an Commission's 2026 Rule of Law Report. The NGO raises wider con- cerns about political inter- ference and investigative in- dependence, including issues examined by the public inquiry into Daphne Caruana Galizia's assassination and links between former police official Silvio Val- letta and Yorgen Fenech. It also defends citizens' right to request magisterial inquiries, arguing that jury reform must go hand in hand with stronger investigative and prosecutorial institutions. 5. Confront institutional racism and racial profiling Repubblika argues that tack- ling racial inequality in the justice system requires ad- dressing institutional barri- ers, under-representation and failures to investigate possible hate-crime motives. The paper calls for lawful, confidential data collection to establish how many Black peo- ple and ethnic minorities serve as judges, magistrates, prosecu- tors, advocates, police officers and court staff, and to identify barriers to recruitment and ad- vancement. It refers to evidence present- ed during the Lassana Cisse murder trial, when co-accused Lorin Scicluna admitted under oath that he and his accomplice had driven around Ħal Far look- ing for Black people to harass. While racist motives do not relieve the prosecution of prov- ing every element of an offence, Repubblika argues that unex- plained verdicts leave the public unable to understand how such evidence was assessed. The NGO also calls for re- forms to reflect recommenda- tions in the Council of Europe's 2024 ECRI report, particularly on police diversity, and for the implementation of Malta's Na- tional Action Plan Against Rac- ism 2025–2030. 6. Counter racism and polarisation through civic education Repubblika argues that court- rooms reflect wider social at- titudes and are not insulated from political tribalism, racial prejudice or other divisions. Although the cases of Daphne Caruana Galizia and Lassana Cisse arose from very different circumstances, the NGO insists that every human life is entitled to equal protection under the law, regardless of political affili- ation, race or origin. It proposes nationwide civic education covering constitu- tional principles, judicial inde- pendence, the presumption of innocence, critical thinking and media literacy. The programme would extend beyond schools to adult education, public institu- tions and civil society, with the aim of strengthening democrat- ic awareness and countering partisan tribalism. 7. Preserve citizen participation in criminal trials These proposals are under- pinned by Repubblika's argu- ment that ordinary citizens' participation in criminal trials is a democratic safeguard, not an obstacle to justice. Juries distribute judicial pow- er beyond professional insti- tutions, bringing public expe- rience and perspectives into the courtroom while guarding against institutional insularity. The paper draws on research and comparative legal literature arguing that lay participation can strengthen the legitimacy of courts, broaden public involve- ment in justice and provide a safeguard against arbitrary gov- ernment. 8. Consider mixed courts as an alternative to traditional juries One option is to replace tradi- tional juries with mixed courts in which professional judges and lay members deliberate and vote together. Italy's Court of Assizes (Corte d'Assise), for example, com- bines two professional judges with six lay judges, who partic- ipate in deciding both facts and law. Germany replaced its tradi- tional jury model in 1924 with mixed courts, while France also uses mixed panels in serious criminal cases. Spain retains lay juries but provides them with structured questions to guide their deliberations. Japan introduced its saiban-in system in 2009, bringing to- gether three professional judges and six citizen judges in serious criminal cases. These models differ in compo- sition and procedure but seek to combine public participation with professional legal exper- tise. 9. Protect lay members from professional judicial dominance Mixed courts would raise questions about whether lay members would have a mean- ingful say or simply defer to professional judges. Repubblika points to safe- guards used elsewhere. In Italy and Germany, lay members vote before professional judges, with the presiding judge voting last. Germany also requires a two- thirds majority for convictions in certain mixed-court settings, while France uses secret voting procedures. The aim is to ensure that, if Malta adopts this model, lay members have a genuine say in decisions rather than simply deferring to professional judges. 10. Pair immediate reforms with a longer-term constitutional debate Finally, Repubblika proposes a two-track approach, combining practical reforms with a longer debate about the constitutional structure of the courts. Short-term measures could include better judicial guidance to juries, training for judges and prosecutors, stronger evi- dence-preservation procedures and improvements to juror se- lection and protection. More fundamental changes to the composition of criminal courts and the way their deci- sions can be challenged should be considered through a broad constitutional convention rath- er than rushed through in re- sponse to controversial verdicts. The NGO also proposes an independent, multidisciplinary Criminal Justice Review Body bringing together expertise in criminal and constitutional law, forensic science, human rights, social psychology, equality law and civic education. stronger investigations and better protection for jurors Thousands descended on the capital Valletta calling for justice over journalist Daphne Caruana Galizia's assassination (Photo: James Bianchi/MaltaToday) The proposals include models combining professional judges and lay jurors, reasoned verdicts, stronger juror protections and improvements to criminal investigations