Commonwealth advisor to consult government on solving court delays

Government seeks advice of Commonwealth expert Nick Cowdery on resolving judicial backlogs

Parliamentary secretary for justice Owen Bonnici, with Nick Cowdery
Parliamentary secretary for justice Owen Bonnici, with Nick Cowdery

An Australian advisor who is looking into the delays in court and judicial tribunals said that the Maltese must be able to have "trust and confidence" in the way justice is delivered.

Commonwealth advisor Nick Cowdery today will conclude a two-day visit after having presented a paper last month on how to tackle accumulated backlogs in criminal cases t a meeting of justice ministers of small Commonwealth jurisdictions.

"I'm not here to dictate but to share ideas and experiences. The paper was presented to 31 countries, so the proposals need to be tweaked for individual countries. I'm not giving a prescription but simply discussing proposals," Cowdery said.

He ruled out any "instant, magic solution" for Malta's court problems. "Reforms must be done systematically. They call for a culture change from the start of the investigation to when judgements are delivered. Stakeholders need to understand, accept and adapt to the changes, and this takes time."

Parliamentary secretary for justice Owen Bonnici said Cowdery's proposals will help a much needed reform in the way compilations of evidence take place. Bonnici said the proceedings have to be shortened form their current average of three years while ensuring the protection of the accused's interests and rights.

Bonnici also said Cowdery was offering his consultation service for free as Malta is a Commonwealth member, with the government simply reimbursing his flights and lodging.

Cowdery met Attorney General Peter Grech, law courts directors and judicial reform board members, Commissioner for Laws Franco Debono, judges and magistrates, and prosecutors from the Attorney General. He also attended a court sitting in which a foreign national was accused.

Cowdery was appointed Queen's Counsel in 1987 and served as an Associate Judge of the District Court between 1988-1990. Cowdery was appointed the Director of Public Prosecutions for New South Wales in 1994, was elected President of the International Association of Prosecutors in 1999 and re-elected to a second three-year term in September 2002. From 1994 to 2011, he was the Director of Public Prosecutions for the Australian state of New South Wales. He also served as President of the International Association of Prosecutors from 1999 to 2005.