Franco Debono lays out his vision for justice reform

Nationalist MP Franco Debono tonight kicked off the Parliamentary debate on the motion he tabled in November on justice. Before the start of tonight's sitting Debono was seen entering the Prime Minister's office together with the Prime Minister himself. Before addressing the House, Debono chatted and joked with government MPs, a far cry from the tense rapport evident in the last few months.  

Debono explained that the sole intention behind the motion was to trigger the necessary reforms after years of sluggish and feeble action.

In his 90 minute address, Debono stressed that he has been making such calls within the Nationalist Party, within the Parliament and other public forums. He echoed the chief justice's call to treat the justice sector in the same manner it treated the economy

After going through the 22-point motion, Debono said that he would like to add two more proposals in regards to establishing a third grade or a court of last resort based on supreme courts found in other countries and the revision and strengthening of the jury system in the Maltese judicial system.

Debono said this motion is the result of almost ten years experience practicing law in the Maltese law courts. He added that the motivation behind the motion he tabled in November was the lack of inertia in carrying out the necessary reforms in the judicial system.

He said that the split between the justice and home affairs was a welcome one and this has already left a positive impact.

In one of his customary amusing flashes Debono quoted a Haiku - a form of Japanese poetry -  he wrote and sent to former Labour minister and author, Lino Spiteri.  "Justice , tension in the strings, balancing the scales," Debono recited as a grinning Speaker Michael Frendo and a handful of MPs listened attentively.

He said balance must be reached throughout the judicial system. He said a example of this was the procrastination in strengthening the police corps and in granting more rights to suspects and arrested persons. "This created a double imbalance," Debono said.

"Equilibrium should not be imposed but reached naturally through the interplay of different institutions," he added.

Debono said his motion is inspired by the Nationalist Party's creed and cited the old party mantra, "Work, Justice and Liberty"

He explained that the procrastination in introducing laws such as the legal assistance and parole had "a direct bearing on the rights of individual citizens." In a reference to former justice and home affairs minister Carm Mifsud Bonnici who resigned last month following the approval of a motion calling for his resignation, Debono said the problem lay in the attitude shown in carrying out the necessary reforms.

On the police corps he said "you cannot have a motivated Police force if the officers are not granted rights which are enjoyed by all other workers such as paying the due overtime payments, granting them the right to unionise."

While expressing his confidence in the current Police Commissioner, Debono spoke about the "worrying" events such as police officers found guilty on drug-related charges and the exodus of experienced and capable officers.

He also suggested the setting-up of a task-force within the Police Corps to carry out a stock-taking exercise on the current situation within the force.

On the situation in the Maltese law courts, Debono said he was pleased with the signs of improvements shown since Chris Said took over the justice portfolio in January. He said he was satisfied that a number of proposals he has floated in the past such as the digital recording of court sittings and the installation of a PA system are being considered.

As his address became of a more technical nature, Debono also underlined the importance to strengthen the forensic and intelligence areas within the Police Corps to help it in its investigations.

The MP repeated his call for the separation of the roles of judicial and inquiring magistrates. Debono added that it is not acceptable to have "magistrates conducting investigations together with the police and then wear another cap and judge the accused in the same case or in separate cases." He described this dual role as "legal heresy."

Debono also explained his call to revise the procedures for eligibility and appointment of court experts. He said the experts play a great role in the judicial system and should be regulated.

He noted that the right of revision of bail decisions needed to be broadened, and reviews should not be carried out by same magistrates who took the original decision. Debono also said that the introduction of electronic tagging, which is used in foreign countries, will remove the need for some people to be kept in prison.

In his concluding remarks  Debono reteriated his call for a  review in the selection, retirement age, and working conditions of magistrates and judges.

Since Debono only managed to get to the eleventh point from his 24-point motion, he remained in possession and will continue his address in the next sitting.