There was no need to wait for the next hearing of Yorgen Fenech’s compilation of evidence, for the Maltese public to get to know the psychiatrists‘ report regarding Melvin Theuma’s mental health. From yesterday’s sitting, it is now known that Melvin Theuma can testify. Magistrate Claire Micallef Stafrace did not put any ban on the publication of the psychiatrists’ conclusions being made known to the public. The doctors agree that Melvin Theuma is fit to testify. This also means that these psychiatrists have already submitted the same report to Magistrate Rachel Montebello.
What Magistrate Micallef Stafrace has demonstrated today is that magistrates can differ on such important legal points. I fully agree with Magistrate Claire Micallef Stafrace ruling that there was nothing confidential in the psychiatrists’ conclusion that should not be made known to the public. The public would still get to know whether Melvin Theuma is fit or not to testify during the sitting of the next hearing of the compilation of evidence in the case of Yorgen Fenech. Should the ban have still been in force, one would still have found out that Theuma had been given the all clear to return to the stand from the mere fact that he would turn up to testify.
Therefore, the question that one needs to ask here is whether the ban was imposed by the Magistrate Montebello on the publication of such basic information has legal certainty.