Police vs Vassallo — Court Rejects Nullity Plea Over Missing Date on Citation in Perjury Case

The defence argued that a citation without a date on its face should make the entire prosecution null. The court rejected this procedural objection and allowed the case to proceed.

Court of Magistrates (Malta) — Criminal (District Valletta) · Magistrate Dr. Monica Vella LL.D., M.Jur. · 23 April 2021

Anna Vassallo was charged with making a false affidavit (perjury) in connection with civil proceedings in Malta. Her defence raised a preliminary objection that the criminal citation had no date printed on it — only a blank 'Illum ___'. The defence argued this rendered the citation null and void. The court examined the legal arguments and rejected the nullity plea, finding that the absence of a date on the citation was not a defect that fatally undermined the prosecution. The case was allowed to proceed to a full hearing on the merits. This judgment was a preliminary ruling on procedure only.

Preliminary ruling: Nullity objection dismissed. Case ordered to proceed on the merits. Full verdict to follow at later hearing.

• A missing date on a criminal citation does not automatically render the proceedings null — the court examines whether the defect is fatal to the fairness of the proceedings
• Procedural objections must be raised at the earliest opportunity — here at the start of proceedings
• Making a false affidavit in civil proceedings is a criminal offence in Malta under the Criminal Code

Criminal Code Ch. 9 Arts. 106(3) (false affidavit) and 108(1) (perjury before officials with power to administer oaths)