The acquittal of the accused due to an irregularity in the charge sheet : a case of perversion of justice in Maltese criminal proceedings?

Abstract

The aim of this study is that of critically analysing Maltese jurisprudence which deals with those scenarios whereby the charge sheet is plagued by an irregularity. On this matter, one is able to find two contrasting positions. On the one hand there are those decisions which acquits the accused due to a clerical error while on the other, there are those which hold that once the defendant comprehends the charges which are being brought against him, then the role of the charge sheet would have been fulfilled. Ergo, the natural question here would be that of which decision is to be deemed as the correct decision. More importantly, is the acquittal of the accused in such a case amounting to a blatant perversion of justice? In order to answer these pertinent questions, this paper shall analyse Article 360(2) of the Criminal Code and how this provision came to be. More importantly, this paper shall examine how this provision has been interpreted by our Courts through the passage of time. Subsequently, the author shall contrast those decisions which although they share similar factual circumstances, have different outcomes. Therefore, at this stage the author shall attempt to understand why there is a divergence on the decisions of our courts when these are practically dealing with the same matter. An important study carried in this paper is that of examining the British position on this matter since it is the source of Article 360(2). In addition to this, the concept of variance, which is that test adopted by the British Courts whenever there is a discrepancy between that which is stated on the charge sheet and that which emerges from the evidence produced by the prosecutor, shall be discussed. Finally, the paper shall also discuss the feasibility of various possible solutions that may be applied by our Courts in order to minimise those scenarios in which the Court acquits the accused due to an irregularity in the summons.