Labour and PN agree on need for judicial reform

A Bondi+ debate on the judicial system which saw Justice Minister Chris Said and Labour candidate Manuel Mallia going head to head on the judicial system in the light of scandals which placed two prominent judges firmly in the lime light.

In a debate characterised largely by consensus between Mallia and Said on the need for a more robust judicial system through a better selection process and more robust mechanisms to ensure discipline among the judiciary, the two however disagreed on some of the finer points.

While Mallia criticised Government for failing to carry out the long-needed reforms, Said was quick to agree that the system has room for improvement, and that despite this, there are systems in place that guarantee the integrity of the judiciary.

Discussing the case revolving around Judge Lino Farrugia Sacco's position as president of the Malta Olympic Committee (MOC) and an investigation into ticket selling by foreign media which emerged earlier this year, Said insisted that the code of ethics was clear in that members of the judiciary should not occupy such positions.

Mallia was more cautious. "Ideally not," he said when asked to react, but pointed out that other jurists have differing opinions, and that the current code of ethics allows too much interpretation in its wording.

He called for the necessary changes to the code to eliminate this, insisting that "should we not carry out  a reform to be clearer in this respect?"

Mallia insisted that the Commission for the Administration of Justice should be allowed the power to suspend Judges if necessary, insisting that the present administration had left  the Commission "toothless" in the face of uncooperative members of the judiciary.

Said however insisted that members of the judiciary cannot ignore the Commission for the Administration of Judge, insisting that any such member should regulate themselves in line with the position of the commission "immediately and decisively."

Mallia agreed with Said's position, but nevertheless underlined the need for further reform to eliminate room for interpretation which he said gave rise to this situation where pronouncements by the Commission go ignored because it lacks the power to enforce them.

Bondi pressed Mallia to pronounce himself on Farrugia's Sacco's insistence to retain his position on the MOC, but Mallia was neutral.

"I do not condemn anyone. He deemed that he was doing nothing wrong in that position, and in fact he remained in it. Despite how his attention was drawn by the Commission to how his position seemed in breach of the code of ethics, but he did not seem to agree or take it into consideration."

Mallia reiterated that the issue arose because Commission still lacks the power to take further action than simply drawn the judiciary's attention to potential breaches of ethics.

During the debate, Said also took the opportunity to slam Farrugia Sacco's recent criticism of the judiciary, as well as Farrugia Sacco's dismissal of calls by Prime Minister Lawrence Gonzi for him to step down as "laughable" (irid idahhaq il-Prim Ministru).

Said insisted that Gonzi had the duty to  act as he did given that the situation demanded it, noting that while the Prime Minister does not have the power to remove a judge, he presented an impeachment motion as the law permits.

Mallia however said that Prime Minister Lawrence Gonzi was hasty in doing what he did, and said that the Commission could have investigated the details of Farrugia Sacco's case without the need for the presentation of an impeachment motion by Gonzi.

Mallia emphasised that the seriousness of the case should have been proven by the Commission following an investigation before an impeachment motion should have been resorted to.

Mallia also insisted that the judiciary should be as free as possible from interference from the political class. "In the same way that I am saying that political should not interfere with the judiciary, the judiciary should keep itself as distanced as possible from the political class and avoid adverse comments," he however clarified when queried.

Pressed by Bondi to take a position regarding Farrugia Sacco's dismissive statement towards the Prime Minister Lawrence Gonzi's call for his resignation, Mallia was cautious, only going as far as to describe Farrugia Sacco's dismissive statement as "an unhappy one".

Mallia also questioned Said on why Government chose to wait until now to present its impeachment motions given how the Commission had called for Farrugia's Sacco's resignation in 2004 because his position as president of the MOC was incompatible with his role as a judge.

Said however insisted that "the situation changed" when the Ethics Commission within the International Olympic Committee recently announced that, through his actions, Farrugia Sacco allowed investigative journalists to prove their point, and emphasised that it was this that motivated Government to present its impeachment motions.

"In June it was only an allegation," referring to when forieng media broke the story of Farrugia Sacco's involvement in potentially irregular ticket selling, "but now we have the Olympic Committee's pronouncement, we could act on it," Said insisted.

Mallia however insisted that the Government's timing was motivated purely by the coinciding incidence of the case involving Judge Raymond Pace, "and both cases where put in the same pigeonhole" - a point that Said denied vehemently.

The discussion also touched upon Labour Party Deputy Leader Anglu Farrugia's allegation regarding bias within the judiciary.

Asked for a reaction, Mallia said that "I agree perfectly with Joseph Muscat, who says that the personal dimension should not enter into one's judicial duty," while holding back from condemning or supporting outright Farrugia's statement.

Said on the other hand, slammed Farrugia's statement unreservedly, insisting that a future deputy leader of the country should have taken his issue through the proper channels, and not attacked a member of the judiciary in a public activity.

Both Mallia and Said also agreed that Malta needs to make better use of its 'ex-members of the judiciary', insisting that they have much to offer in terms of judicial reforms, as well as on the need for the Commission for Administration of Justice to have more robust powers, such as the power to suspend judges from their positions, or even curtail a judge's pension.

Mallia also reiterated the Labour Party's plans to carry out a far-reaching review of the judicial system and conclude it by the end of 2013. He however held back from saying whether the aims of the reform would be announced before the election itself.

Said also unveiled plans whereby the process for the selection of judges and magistrates would begin to incorporate consultative elements as well as an approval board, saying that a Nationalist Government would undertake a reform based on the success achieved by a recent selection process for a judge for the European Court of Human Rights.

Said also announced that the PN's proposals in this regard would be announced before the coming general election.