Bodycam unveils police perjury, contradicting courtroom testimony

A recent call for greater respect toward the police has sparked widespread discussion, but should this reverence to authority go unquestioned?

Lawyers Dr. Veronique Dalli and Dr. Dean Hili represented Mr. Lazar Mitic in a case where CCTV footage contradicted Police claims that Mitic had threatened, resisted arrest, and assaulted officers. Instead, the footage revealed that the officers had ignored his report of being threatened by a third party—choosing to lounge in a restaurant rather than investigate his claims.

The court condemned the officers’ “outright lies,” urged disciplinary action, and cleared the defendant of major charges.

In a recent judgment delivered by the Court of Magistrates (Malta) As a Court of Criminal Judicature, a Magistrate has urged the Police Commissioner to consider disciplinary action against two constables after CCTV footage contradicted their account in an assault case, revealing what the court unquestionably refers to as “outright lies.”

The case involved an incident outside a kebab shop in San Ġwann, where Mr Lazar Mitic, 27, reported to the Police what he perceived to be threatening behaiour by a knife wielding man, during an argument in which this aggressor alleged that the defendant had damaged his car while parking. Mitic approached nearby officers for help upon their arrival, but instead of investigating, they first perceived him as the aggressor and then continued with dining at the same restraurant.

CCTV footage showed Mitic approaching them, visibly distressed and pointing toward his alleged attacker.

The officers later claimed that Mitic became unruly and assaulted them, but footage revealed him simply pacing anxiously outside before they handcuffed him. He was charged with assault, resisting arrest, and other minor offenses, but pleaded not guilty.

In court, the officers described Mitic as challenging them to a fight and acting erratically, but bodycam and CCTV footage showed no such behavior. The Magistrate criticized the officers’ failure to investigate, noting that their inaction likely worsened the situation.

Mitic was found to be innocent of the major charges, and was only found guilty of minor offenses, resulting in a one-year conditional discharge.

Mitic was represented by Dr. Veronique Dalli and Dr. Dean Hili

Guaranteeing online platform users more digital protection and freedoms

The Digital Services Act (DSA), officially known as Regulation (EU) 2022/2065, is designed to make the digital world more transparent, accountable, and fair, particularly when it comes to how online platforms handle their users. Being a regulation, it automatically applies across all EU countries, meaning its rules don’t require extra national laws to come into effect. One of the important features of the DSA is that it requires online platforms to offer out-of-court dispute resolution mechanisms. 

The DSA ensures that larger platforms, especially very large online platforms (VLOPs), have clear internal systems for users to challenge decisions such as content removal or account suspensions. This gives users a straightforward way to appeal platform decisions. However, if the internal complaints process doesn’t resolve the issue, the DSA takes things further by requiring platforms to provide independent out-of-court dispute resolution.

Platforms must give users access to certified independent bodies to resolve disputes. These bodies have to meet strict EU standards of fairness and impartiality, and may consist of private arbitration,  mediation or conciliation, as long as they are fair, transparent, and certified by the relevant authorities. The aim here is to ensure users have easy and affordable ways to settle disputes without getting caught up in costly legal proceedings.

The DSA’s rules on dispute resolution don’t exist in isolation. They build on existing EU frameworks, especially Directive 2013/11/EU on Alternative Dispute Resolution (ADR). This directive, which applies to all consumer disputes, ensures that people in the EU can resolve issues with companies through independent bodies, without going to court. The DSA brings this idea into the digital space, specifically focusing on the relationship between users and online platforms.

By working together, the DSA and ADR Directive offer a robust system of protection for users. The ADR Directive provides the general foundation, while the DSA ensures that online platforms comply with these principles. This means that users have reliable and straightforward paths to resolve disputes, whether the issue is with a traditional business or an online platform.

For platforms, this means they need to offer both an internal complaint system and access to certified independent bodies that can handle more complex disputes. For users, the DSA is a win, as it gives them more power to challenge unfair decisions, whether it concerns content being taken down or an account being suspended. Users now have multiple ways to get their grievances heard, starting with the platform’s internal process and, if necessary, moving to an independent body that can fairly resolve the dispute.

In a nutshell, the Digital Services Act—or Regulation (EU) 2022/2065—is a significant step forward in making the online world more transparent and fair. By requiring platforms to offer independent dispute resolution, the DSA complements the ADR Directive, ensuring that consumers have accessible, affordable options for resolving disputes. Together, these regulations create a legal framework that protects users from unfair treatment, allowing them to challenge decisions made by digital platforms without needing to go through expensive legal battles.

Dalli Advocates can provide legal services in this field of law.

Discipline done right: how clear processes benefit both employers and employees

Employers must follow fair and transparent disciplinary processes before making any serious decisions, such as terminating employment. Dismissal should be the last resort, and employers must ensure that all necessary warnings and procedures have been followed before taking action. Employees must be given clear communication of their misconduct and an opportunity to correct their behaviour. The absence of such procedures or failing to notify the employee often leads to rulings of unfair dismissal.

An employer cannot terminate an employee without prior disciplinary action, even though the employee had violated company policy. A lack of a formal disciplinary process especially when there are no established or known procedures, would be tantamount to an unjust dismissal. Employees are to be provided an opportunity to explain or defend their actions, under clear and comprehensive procedures. Disciplinary procedures must be properly communicated to employees to ensure fairness. Lack of communication or failure to follow a transparent process can lead to unfavorable outcomes for employers.

Dalli Advocates can provide assistance in industrial relations and disputes.

New Release: UN’s bold blueprint for managing critical energy transition minerals

On the 11th of September 2024, the UN Secretary-General’s Panel on Critical Energy Transition Minerals released the report entitled, “Resourcing the Energy Transition: Principles to Guide Critical Energy Transition Minerals Towards Equity and Justice.” As the world transitions to renewable energy, the demand for critical minerals such as copper, lithium, cobalt, and nickel is projected to almost triple by 2030 and quadruple by 2040. These minerals are essential for clean energy technologies like wind turbines, solar panels, and electric vehicle batteries.

The report highlights the urgency of addressing the climate crisis, with 2024 being one of the most catastrophic years on record, marked by extreme weather events. Achieving the global goal of limiting temperature rise to 1.5°C depends heavily on the availability and responsible management of these critical minerals.

Released ahead of COP29, the report emphasizes justice, equity, and sustainability throughout mineral value chains. It aims to prevent the exploitation of resource-rich developing nations by embedding seven guiding principles, which include:

  • Upholding human rights and protecting Indigenous communities.
  • Safeguarding ecosystems and biodiversity.
  • Ensuring justice and equity in the distribution of benefits.
  • Promoting economic diversification and benefit sharing for resource-rich countries.
  • Fostering responsible investments, trade, and finance.
  • Ensuring transparency and accountability across supply chains.
  • Strengthening international cooperation to avoid geopolitical tensions.

These recommendations are vital for addressing environmental, social, and geopolitical risks, ensuring that the global energy transition is fair and sustainable for all. Without proper governance, the rising demand for these minerals could exacerbate inequalities, particularly in vulnerable developing nations.

Dalli Advocates can assist in the energy sector and provides advice on both regulatory and transactional matters.

Magisterial inquiry finds no negligence by medical staff following patient’s death

A magisterial inquiry into the death of Stephen Mangion concluded that no negligence or criminal responsibility lies with the medical professionals who treated him. Mangion, of 55 years old, passed away from an aortic dissection after collapsing in Mater Dei Hospital’s emergency waiting room. The inquiry, led by Magistrate Joe Mifsud, found that the doctors and nurses had acted appropriately and could not have foreseen Mangion’s condition due to his atypical symptoms.

The report revealed that Mangion had first experienced symptoms early in the morning but delayed seeking medical attention for approximately 15 hours, despite advice from friends and family. He eventually sought treatment at the Floriana health center, where an initial ECG was conducted, but it did not reveal any imminent danger. Mangion was later transported to Mater Dei Hospital by a friend, where two more ECGs were performed, none of which indicated a heart attack or an immediate threat to his life. His underlying issue, an aortic dissection, was difficult to diagnose given the symptoms presented at the time.

The report also addressed the public outrage following Mangion’s death, which was fueled by social media claims that he had waited for hours despite reporting chest pains. However, the inquiry dismissed these allegations, revealing that Mangion had not been left unattended and that healthcare staff had taken all reasonable measures to assist him. The claims on social media were found to be based on misinformation spread through a fake profile.

On the day of the incident, the emergency department was overwhelmed, handling 251 patients, with many cases classified as urgent. Mangion’s case was particularly challenging due to the lack of clear indications that he was suffering from an aortic dissection, which ultimately led to his sudden collapse and death.

Dalli Advocates represented one of the medicial specialists in the Magisterial Inquiry.

Navigating the Legal Landscape: Critical Raw Materials and Their Role in Global Energy Security

Historically, the energy sector focused on securing fossil fuels—oil, gas, and coal—to meet global demands. However, driven by the Paris Agreement and national commitments (NDCs) to carbon reduction, countries are transitioning to renewable energy sources like solar, wind, and geothermal. While these technologies rely on abundant natural resources, they require critical raw materials (CRMs) such as rare earth elements and platinum group metals (PGMs). This introduces new vulnerabilities, as CRMs are costly and their supply is concentrated in a few countries, making renewable technologies less accessible and more expensive.

The growing demand for CRMs has moved their trade to the center of global priorities. International trade plays a key role in bridging the gap between widespread demand and concentrated supply. This reliance on trade is particularly urgent in the short to medium term, as expanding mining and recycling capacities can take years. Global supply chains are highly interconnected, but many CRMs are controlled by a handful of countries, such as China for rare earth elements and the Democratic Republic of Congo for cobalt.

This concentration of supply creates market power dynamics, allowing resource-rich countries to manipulate prices or limit availability, either for economic gain or as a geopolitical bargaining tool. Trade tensions, such as those between the U.S. and China, have already sparked concerns about access to CRMs critical to industries like defense, electronics, and clean energy.

To mitigate risks, several strategies are being pursued:

  • Supply chain diversification through new sources and international partnerships,
  • Increased recycling capacity to ease the demand for newly mined CRMs,
  • Stockpiling reserves to protect against future shortages, and
  • International cooperation to ensure stable and fair access to CRMs.

In the U.S., the Strategic and Critical Materials Stockpiling Act, originally focused on national defense, was expanded in March 2022 to include critical minerals for clean energy technologies. This interagency effort between the Departments of Energy, State, and Defense reflects the growing importance of CRMs for both military and energy needs. Stockpiling these materials stabilizes prices and supports domestic industries, spurring innovation and the development of supply chains for extraction, processing, and recycling.

Similarly, the EU responded with the Critical Raw Materials Act (CRMA) in May 2024, aiming to secure diversified and sustainable CRM supply chains. The Act targets reduced reliance on China by fostering partnerships with resource-rich countries and setting ambitious goals for domestic CRM production—10% from local extraction and 15% from recycling by 2030. Strategic Projects in the EU and beyond will benefit from easier financing and faster permitting processes. The EU will also create a Joint Purchasing Mechanism to aggregate demand and negotiate with suppliers, similar to mechanisms used during the Ukraine crisis.

Growing demand for critical materials calls for better stewardship within a circular economy framework. Both the U.S. and the EU are making significant efforts to secure access to CRMs, essential for their clean energy transitions and broader industrial needs. These policies are critical to building resilient and sustainable supply chains in an increasingly competitive global market.

Dalli Advocates can assist in the energy sector and provides advice on both regulatory and transactional matters.

School fined €50,000 for data protection infringement 

Complainant sought access to her son’s occupational and speech therapy sessions files, which service was provided by the school he attended. The Commissioner highlighted a “serious lack of diligence” by the school, noting several deficiencies. A €50,000 fine was imposed, with an additional €50 for each day the violation persisted.

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Dispute on property description lands owners in Court 

The First Hall Civil Court affirmed that indeed the description referred to a state of co-ownership. This decision was supported by the historical and structural context of the building, as the properties were originally designed as separate tenements for various families or “kerrejja,” as testified by witnesses during the proceedings.

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