Judge rejects defendant’s claims, discrimination case continues

Judge Joseph Micallef ruled that the Civil Court shall continue hearing the claim of discrimination tabled by British barrister Andreas Gordon O’Shea, following the issuing of a warrant which allows him to practice law in Malta but precludes him from serving at court.

In 2004, O’Shea, a barrister at the Bar of England and Wales and member of Lincoln’s Inn, requested that he is issued with a warrant to practice in Malta. However, when the warrant was issued in October 2012, it allowed the applicant to practice as a lawyer in Malta but restricted him from serving at any court, tribunal or judicial authority.

Feeling aggravated by this condition, on 8 April 2013 O’Shea filed against the Minister for Home Affairs and National Security and the Parliamentary Secretary for Justice and Home Affairs, claiming discrimination.

The defendant’s argued the Civil Court did not have the power to examine O’Shea’s claim as the applicant should have sought redress at the Board of Appeal for Recognition of Qualifications.

However, Mr Justice Joseph Micallef ruled that O’Shea’s request for his qualifications was upheld, hence he could not seek redress through the Board of Appeal. The court ruled that the applicant had no means of redress apart from seeking a judicial investigation.

Judge Micallef rejected the arguments tabled by defendants and upheld the request of Andreas Gordon O’Shea for the court to continue hearing his case. The court ordered that the expenses of the part-judgement are incurred by the defendants.

The case was postponed for the applicant to bring forth further evidence and for the court to hear the submissions of both parties.

Lawyers Joseph A. Schembri and Lennart Depasquale are representing the applicant.