Judicial scandals and justice reform – Manuel Mallia

In an interview with weekly newspaper Illum, prospective Labour Party candidate and established criminal lawyer Manuel Mallia discusses the on-going cases of both Lino Farrugia Sacco and Raymond Pace.

Malla notes that Ray Pace's case is particularly shocking, given that the accusations and charges he is facing are serious.

He argues that they place considerable pressure on those members of the judiciary who are performing their duties correctly, while unfortunately undermining the public's faith in the justice institution.

He argues that both Prime Minister Lawrence Gonzi and Opposition Leader Joseph Muscat were correct in calling for his impeachment, insisting that members of the judiciary need to be beyond the shadow of doubt to conduct their duties effectively.

The PL candidate however insists that in the case of Lino Farrugia Sacco, Prime Minister Lawrence Gonzi was hasty in moving a motion of impeachment against the judge in parliament.

Mallia pointed to Justice Minister Chris Said's recent statements on Xarabank where he revealed that he had referred Farrugia Sacco's case (regarding his role in a media investigation into irregular Olympic Ticket Sales) to the Commission for the Administration of Justice in July 2012, when the story broke in foreign media.

"If the case was already before the Commission since July, why did Prime Minister Lawrence Gonzi feel the need to present the motion of no confidence in parliament to have the case brought in front of the Commission," Mallia asked.

"It would seem as if this was done in an attempt to put both cases on the same level," he added, insisting that they are not.

Mallia also clarifies the recently announced review of the justice system which Labour has pledged to undertake once in Government and conclude by the end of 2013.

Mallia explains that the review itself will be undertaken by an independent commission, composed of "people of integrity without conflicting interests", who would undertake a holistic review of the justice system.

He says that the commission will examine all aspects of the justice system, including the Commission for the Administration of Justice, the Code of Ethics, the manner in which magistrates and judges are appointed, and the manner in which the courts function.

Mallia adds that the Labour Party will be presenting its own proposals to the commission, which he insisted would be free to "accept, include, or ignore" as it deems necessary.

Mallia also emphasises that among the reforms that Labour has in mind is granting the Commission for the Administration of Justice more teeth with which to enforce its decisions and discipline members of the judiciary, as well as a change in the manner in which members of the judiciary are appointed.

He insists that it is time to consider a change form the current situation whereby magistrates and judges are appointed by the political class, to ensure that the judiciary is completely free from any sort of political association with the executive.

However, he insists that Labour will not impose anything on the reviewing commission, arguing that were it to do so, the commission would not be independent.

During the interview, Mallia also pledges that the Labour Party in government will cut down on needless bureaucracy, not only in the justice system and in the Courts, but across the whole of the Civil Service.

Mallia also adds that it is time that the Courts renovate themselves insofar as their resource management is concerned, calling for a centralised computerised system which can be used to issue correspondence, communication, and schedule hearings and court sessions.

Read the full interview in Sunday's issue of Illum.