Chief Justice lashes out at justice reform commission, laments lack of consultation

Former magistrate Antonio Mizzi was today sworn in as judge during a ceremony at the Palace in Valletta this morning, while lawyers Aaron Bugeja and Charmaine Galea were also sworn in as magistrates.

However, chief Justice Silvio Camilleri's comments on the Commission for Justice Reform stole the limelight as he hit out at the commission for not consulting the judiciary.

"I'm not entirely happy with the outcome of the commission for the reform of the judiciary. I did not appreciate that the first time I got to know about the suggested reforms was from the media. The judiciary was not given any presentation and the commission for the administration of justice was not consulted," Camilleri said.

However, the chief justice said that the consolation price is that "things can only get better."

Camilleri expressed his astonishment at the complete omission of the commission for the administration of justice in the report presented by the justice reform commission chaired by retired judge Giovanni Bonello.

"How can you strengthen the commission by pulling its teeth out. Some things are non negotiable. The judiciary will do well without pensions, salary raises and allowance as long as it guarantees its impartiality and autonomy," Camilleri said, adding that the judiciary was also carrying out its own review of the report.

Taking note of Camilleri's speech, Prime Minister Joseph Muscat said the government has commissioned the report to an independent board and reassured the Chief Justice that the government was in no way involved in the process.  

Stressing the commission's autonomy, Muscat said: "The judiciary and the government will be consulted but we do not know at what stage."

He added that the government would refrain from expressing its opinion on the report for the time being since the report was not finalised yet. "It would not be prudent to pronounce ourselves at this stage," he said.

President George Abela said the swearing in ceremony was cause for celebration as all three posses "the right ingredients to further strengthen the bench."

While noting that members of the judiciary have great responsibilities, Abela expressed his trust in the newly appointed judge and magistrates, reassuring that they are "persons of integrity and honesty."

"The public has high expectations from the judiciary and at the moment some people are disillusioned, due to lengthy proceedings and concern over the seriousness of the judiciary," Abela said.

The commission appointed by the government to submit recommendations on justice reform dominated the ceremony. Abela said that the commission, led by former judge Giovanni Bonello, is looking at two main concerns in the justice system; delays in court and the appointment of the judiciary and its discipline.

Abela stressed that a clear distinction should be made between constitutional changes and procedural changes.

He added that consultation with all stakeholders, including the judiciary, is paramount as they would be the ones operating the system.

On his part, Chief Justice Silvio Camilleri said that rather than congratulating the latest additions to the judiciary he should thank them, adding that "accepting an appointment in the judiciary is masochistic."

"The best you can get are insults and criticism. Long hours are an intrinsic part of the job so I also thank your families. I thank you because you chose to serve your country, with its lack of resources rather than going abroad where you could enjoy unlimited resources, Camilleri said.

Last month, the Commission for the Holistic Reform of Justice forwarded 135 proposals in a report presented by emeritus judge Giovanni Bonello to parliamentary secretary Owen Bonnici.

Some of the reforms will require constitutional changes. The report focuses on the judiciary itself, including matters dealing wit the discipline and appointment of the judiciary.

Another section of the report concerns judicial procedure.The report clearly states that it is unacceptable in a modern democracy to have court cases drag on for over ten years.

Bonnici said that the document will be sent to all stakeholders for feedback, with a final report to be presented to the Cabinet in October 2013.