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Wrong legal interpretation in the health sector

Posted on October 29, 2023 by pogowasright.org

Kevin Aquilina, Professor of Law, Faculty of Laws at the University of Malta writes about a decision in Malta:

An interesting decree delivered by the Court of Magistrates as a Court of Criminal Inquiry by Magistrate Dr Marse-Ann Farrugia on 30 August 2023 is that in the names of The Republic of Malta v. Abner George Aquilina. Briefly, the accused was transferred from Mount Carmel Hospital to the Forensic Unit that is physically situated next to Mount Carmel Hospital. However, whilst the Forensic Unit falls under the responsibility of the Director of Prison and, therefore, under the ministry responsible for home affairs, Mount Carmel Hospital falls under the ministry responsible for health.

After the accused had been sent to the Mount Carmel Hospital by court order, the Chief Executive Officer of Mount Carmel Hospital ordered that the accused, around two months later, to be transferred to the Forensic Unit. The question which this decree had to answer was whether such order was legal or not.

Read more at Independent.com.mt.

 

Category: CourtHealthcareNon-U.S.

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