A woman has had a €3,000 fine revoked by a court, which stated that Local Enforcement System Agency (LESA) officers have no legal power to enforce Malta’s COVID-19 quarantine regulations.
Pavla Stejskalova was accused of breaching quarantine regulations in November 2020, eventually being found guilty and fined €3,000. After presenting the necessary documents and observing all quarantine requirements, Stejskalova’s appeal was noted, with the court itself raising the issue of null proceedings due to LESA officers not having the power to enforce said regulations.
Magistrate Victor Axiak highlighted that, based on Article 3 of Subsidiary Legislation 595.14, the agency’s remit is to “provide for the enforcement of any law, regulation or bye-law, the enforcement of which has been delegated to regional committees, local councils or to such other local or regional authorities as are designated by the Local Government Act …’ “
The court eventually ruled that “no regional committee (or agency for local enforcement) has any power to enforce or bring forward proceedings against any person accused of breaching the Enforcement of Directions relating to Quarantine Regulations”.
What do you make of this?