Lawyers say courts are not in line with COVID-19 directives

The Chamber of Advocates has told lawyers to not attend court sittings, claiming judges and magistrates are breaching COVID-19 directives by continuing to appoint sittings.  

It expressed dismay at how the courts were not deemed to be a health risk, with hundreds of people attending sittings, despite limited spacing for social distancing.  

“It is not possible for the Chamber to remain silent, especially due to the fact that the health authorities have again decided to close all public places, to limit the number of people in public gatherings, but to leave the Courts of Law open,” a chamber statement read.  

On 5 March, the Chief Justice Mark Chetcuti had suggested that till 11th April, only cases of urgent nature are to be appointed in court. 

The chamber had agreed with the directive in which he said such a precaution would help not only workers but also those who attend court.  

Despite the directive, certain members of the judiciary continued to appoint sittings normally.  

The Chamber said that immediate drastic measures are to be put in place, and promised to take serious action against lawyers who do not abide by them.   

“Although a number of measures have been taken, which were deemed as sufficient in different circumstances, in the present situation more drastic measures need to be taken. This taking into consideration that the Courts of Law are a public place where the spreading of the Virus can take place easily,” the chamber said.  

The Chamber has issued a directive through which from the 14 of March, lawyers are not to attend any sitting before any Court or Tribunal, and if any sittings are to be held these are to be held virtually. 

The directive is applicable to all situations, excluding those court proceedings which are inevitable and urgent. 

“The Chamber will take very seriously those situations in which lawyers, notwithstanding this directive, try to take advantage of the situation in respect of a lawyer who abides by this directive and does not attend a sitting. In such circumstances, the Chamber will be investigating the case and, if necessary, will take action against said lawyer before the Committee for Lawyers and Legal Procurators,” the statement read.  

It said that it hoped health authorities would intervene before the directives come into play.