Dr. Ezekiel Psaila, the Managing Partner of Emmanuel Mallia and Associates (EMA Advocates), recently participated in one of the most popular discussion programmes in Malta called ‘Popolin.’ During his appearance, Dr. Psaila shared his insights on various aspects of law and the prosecution process in contemporary Malta.

Dr. Psaila’s Perspectives:

Throughout the program, Dr. Ezekiel Psaila highlighted crucial points regarding the legal landscape and the intricacies of the judicial system. Reflecting on the availability of information, he emphasised the importance of being cautious and discerning when accessing and interpreting information. He pointed out that often, individuals rely on media outlets for their understanding of events, their factual explanations, and their implications. However, he underscored the distinction between media narratives and the courtroom reality, where the legal process unfolds with due procedural safeguards. Dr. Psaila clarified that within the courtroom, evidence is presented systematically, piece by piece, allowing for a comprehensive assessment of what occurred, who is responsible, and whether there was any ill intent involved.

Legal Parameters and Accountability:

Dr. Psaila emphasised that legal parameters are clearly defined by the law and should guide the entire judicial process. He stressed the importance of carefully adhering to these parameters. However, he acknowledged that there might be circumstances where actions could be justified or excused based on particular contexts. He mentioned that in such cases, an existing legal framework is present which allows for a comprehensive assessment of the situation, taking into account the legal parameters, evidence, and individual accountability.

A Case-by-Case Approach:

Dr. Psaila emphasizsd the significance of adopting a case-specific approach, tailored to the unique circumstances of each situation. He highlighted that in any legal matter, the intention behind an action plays a crucial role, albeit with varying degrees of significance. He raised the question of whether individuals should bear mental responsibility for their actions, considering specific circumstances and the potential risks posed to the lives of others. Dr. Psaila acknowledged that physical evidence often plays a substantial role in establishing the facts, while also acknowledging the importance of understanding the intention behind those actions.

Balancing Justice and Evidence:

Dr. Psaila urged that each case should be evaluated comprehensively, considering both the legal parameters and the evidence brought forward. He recognised that there have been instances where individuals accused of certain offenses have been acquitted after years of legal proceedings. Such cases might involve mitigating circumstances or limited liability, and ultimately, the balance of justice becomes a complex task for the courts. In such scenarios, it is the court’s responsibility to decide based on the entirety of the evidence presented.