Suspects under interrogation should avoid making use of their right to speak to a lawyer because it can work against them, according to Justice Parliamentary Secretary Owen Bonnici.
Dr Bonnici has instructed the Justice Reform Commission to “study the issue and propose solutions” following complaints by lawyers about the way the legal provision was implemented in 2010.
The Sunday Times of Malta columnist Michela Spiteri last month gave an overview of what is wrong with the law.
“If you are ever arrested for a crime in Malta and are asked by the interrogating officer whether you would like to talk to a lawyer of your choice (or any lawyer, for that matter), you are to answer in the negative,” Dr Spiteri, herself a lawyer, wrote in her column.
“You see, if you haven’t talked to a lawyer, you can just sit there, keep your mouth shut and say nothing, which is always the safest bet even if the police tell you otherwise. If you haven’t talked to a lawyer, anything you don’t say or do cannot ever be held against you.
“Once you’ve spoken to a lawyer, even if it’s for the whole of 60 seconds on the telephone and even if you don’t even know the lawyer’s name or whether he’s a lawyer or the...
↧