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Chief Justice lashes out at justice reform commission, laments lack of consultation
Chief Justice Silvio Camilleri hits out at the lack of consultation by justice reform commission.
14 June 2013, 12:00am
Chris Mangion
Chris Mangion
3 min read
Chief Justice Silvio Camilleri
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.
Chris Mangion is MaltaToday’s photojournalist, joining the newspaper in 2013.
In 1995...
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Comments like these, from the Chief Justice no less, merely serve to undermine the stellar work that the Commission for the Reform of the Justice System have done so far. As previous comments have noted, the 135 proposals are not the result of public consultation! On the other hand, one can take the Chief Justice's comments as a testament to the independence of the Commission. It is unfortunate that the Chief Justice has not yet grasped the meaning of 'independent'!
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Silvio Meli must tender his immediate resignation.
Does he have any achievements to show and compare to those of the honorable commission.
Hallina.
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Silvio Meli must tender his immediate resignation.
Does he have any achievements to show and compare to those of the honorable commission.
Hallina.
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The Chief Justice erred. This was not the occassion to burst out, and a Chief Justice should never burst out as otherwise he loses his dignity. The Commission should respond to the Chief Justice cas as far I know the Commission did not consult anyone on the preparation of the report and it is only n ow that the Commission is commencing the consultation process. I believe the Commission spoke out its mind in the report but it never said that this is the final report.
The Chief Justice should start by cleaning the Bench.
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The writers below are definitely right. The Chief Justice has long considered himself as above everyone else. He was appointed to his post from AG on the simple appointment by the Cabinet without any popular vote. The Prime Minister was voted by 57% of the electorate and it is neither right nor decent that a Chief Justice arrogantly takes to task the people's Prime Minister because he has not been consulted yet. Does he now expect to Govern us too???. It shows that the Reform Commission must go a long way to ensure that every person be he judge, magistrate or even Chief Justice, respect his position and curb all those insulting the People.
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Chief Justice Silvio Camilleri should not be so disappointed if he was not consulted. Were was the Chief Justice while the courts were losing every inch of respectability for the last decade? Where was the Chief Justice while our courts were becoming the butt joke in all of Europe. Where was the Chief Justice when a certain Magistrate managed to insult a whole town's people from the bench? Where was the Chief Justice when the courts ruled with politics, nepotism and money. Our courts and our archaic laws need a whole overhaul. Respect is something you earn.
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The chief justice should have thanked God for this reform as some(court cases) for which they have been dragging for the last 43 years may see justice done.
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This is not nice at all. The head of one of the branches of State power, the Judiciary, publicly embarassing the Prime Minister and the PS for Justice, to their faces, at an press event, at the solemn swearing-in of new judges, even. I wonder if he would have done it had the other guys been in power. The report came from an independent Commission, whose job was to report to the public, not to the judiciary. If you are planning "revolutionary" measures, of course these cannot come from the same persons who will be affected by them! Seems that this government's attempts at reform will be facing formidable adversaries.
Abdullah alhrbi •
Really I thought this was a 'document for public consultation '' not the Result of public consultation. Isn't it a bit premature for the Chief Justice to blow his top? Is this EU sanctioned reform so terrifying that the Chief Justice indulges in public demonstrations of anger at Judge Bonello's Commission? Is change that terryfyimg really? The Chief Justice should understand that the court he presides over was given the thumbs down in one of the most damning EU Justice scoreboard reports. how can European malta pull itself into the 21st century with an archaic court system stuck in the early 20th century. he should also take into account that the Judiciary within a 10year period was twice shaken with corruption scandals. Where did he actually do about that and the thousands of work hours lost due to unecessary waiting at the law courts? Where were his proposals before 2013 did they ever see the light of day? Thank God the Commision is an autonomous one I am sure that Chief Justice Camilleri's outburst is a reflection of the immediate necessity for Justice reform. It is also in the spirit of the what the proposals in the document aim to do stir debate and suggestions.
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the whole scope of setting up the Commission for Justice Reform was to have an independent opinion and suggestions by qualified people who do not have any conflict of interest. The AG and also the previous administration had years to come up with proposals but never lifted a finger to update our laws to the required civilized standards.. I would have expected the AG to welcome the commission's report not stump his feet like a kid cos nobody consulted him. Had he been doing his job well, we wouldn't have the mess of a judicial system we have today!
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The memory of The Sheriff of Nottingham the figure in the legend of Robin Hood crosses my mind whenever I see the above picture :)
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"However, the chief justice said that the consolation price is that "things can only get better."
Mela veru konna missejna l-qiegh biex qal hekk!
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The chief justice had several years to propose any changes which he deemed fit to reform our system however, he choose to remain silent in the same way most of the other politicians. Now he is complaining that he has not been consulted about the reforms all he needs to do is read
the news media. Congratulations for our forthcoming new reforms.
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The chief justice had several years to propose any changes which he deemed fit to reform our system however, he choose to remain silent in the same way most of the other politicians. Now he is complaining that he has not been consulted about the reforms all he needs to do is read
the news media. Congratulations for our forthcoming new reforms.
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The chief justice had several years to propose any changes which he deemed fit to reform our system however, he choose to remain silent in the same way most of the other politicians. Now he is complaining that he has not been consulted about the reforms all he needs to do is read
the news media. Congratulations for our forthcoming new reforms.
