Spying in British Malta in the 1930s

Abstract

Although the crime of espionage in its current version has been on the statute book since the promulgation of the Official Secrets Ordinance No. Vl of 1914. only three cases have been prosecuted under that Ordinance which, since 1996, has been renamed the Official Secrets Act. These are: His Majesty the King vs Herbert Charles Pollok and Constant Kahil, His Majesty the King vs Arnaldo Belardinelli and His Majesty the King vs Dr.Nicolo' Delia and Giuseppe Flores. These cases were all decided in the 1930s by His Majesty's Criminal Court sitting without a jury as the Governor, General Sir David Campbell had, on March 7, 1934, by means of Ordinance No. IX of 1934, purposely amended the Official Secrets Ordinance immediately before Pollok and Kahil's arraignment before the inferior court on March 10, 1934 so as to do away with the institute of the jury in the case of prosecutions under the Official Secrets Ordinance. All three cases resulted in a conviction, and imprisonment with hard labour was inflicted upon all five accused. The Criminal Court was presided over by Sir Arturo Mercieca. Chief Justice and President of the Court of Appeal.