No outsider for next Chief Justice, minister says

Justice minister Owen Bonnici has ruled out appointing an outside candidate to the bench as next Chief Justice, once Silvio Camilleri retires at the age of 65.

Camilleri, a former Attorney General catapulted to the post of Chief Justice in 2010, will be retiring at the mandatory age in less than two months’ time at the end of April.

It will be the first major judicial appointment under a Labour administration since the appointment of some nine magistrates and two judges as well as the promotion of four judges.

“The next Chief Justice will be someone who enjoys not only the Government’s trust but also the Opposition’s. It must be a person upon whom both sides can agree, where possible. The Cabinet will have its own views of course, which cannot be ignored. And you cannot ignore the judiciary’s wishes either, as it has been consistent in its desire to see the next Chief Justice being someone who is already a judge,” Owen Bonnici told MaltaToday.

The minister was candid about his relationship with the outgoing Chief Justice, who he believes was irked by a change in State protocol ‘demoting’ him in the rank of importance.

“Our relationship was good at the start, having borne fruit in terms of the court reforms that we brought about. But then it was no longer as good as it first was. I think what soured matters was when we changed the order of precedence in State protocol, which elevated the Speaker of the House over the Chief Justice. I think that annoyed him.”

Camilleri wore the diplomatic sleight on his sleeve, complaining publicly at the New Year’s greetings with the President of the Republic that the unannounced relegation had “left a bitter taste” with the judiciary: he only became aware of the change as he took his position in front of the War Monument on Remembrance Day.

“I don’t want to believe that this diplomatic sleight, that of giving the Speaker precedence – and I believe we are right in this – is linked to his statements on the rule of law,” Bonnici said when questioned on the Chief Justice’s right to be vocal on matters that deal with the public interest.

Camilleri broke ranks with the sedate cautiousness of predecessors when in his speech to the lawyers and the judiciary on the opening of the forensic year, called on the authorities to strengthen law enforcement – spelling out clearly the police’s obligation to make sure all crimes are investigated. He later accepted an invitation to meet MEPs visiting Malta on a rule of law mission following the assassination of journalist Daphne Caruana Galizia.

“I only know what the MEPs’ report said he stated... His speech in the opening of the forensic year employed words that could have fuelled a particular political narrative. On the other hand, when there was an attempt by a group of lawyers to have the judges shut down the courts, the Chief Justice took the rightful decision not to heed such a call. So I have to thank him for that sagacious decision,” Bonnici said.

But the minister said the Chief Justice could not expect to have the same liberties of other leaders such as the Archbishop, another example of a critical voice in Maltese society.

“He does have an obligation to speak. What he should pay attention to is that he does not enter the political arena,” Bonnici said.

“While the Chief Justice should have the utmost liberty to speak about justice and the courts, he is also a judge like all others. Judges are bound by a code of ethics. If judges are criticised because they participated in some charity fund-raiser – something I’d disagree with – then so should they steer clear of issues of political controversy.

“An intelligent and legally-prepared person would not find any difficulty in choosing their words carefully without entering political controversy.”

Bonnici said he already has a shortlist in mind for the ‘papabilli’ to the post, but said he wants to win the Opposition’s consensus on the choice as far as that it is possible.

“It must be a person both sides can trust and agree upon, as much as possible. The Cabinet will have its own views of course, which cannot be ignored. And you cannot ignore the wishes of the judiciary, who have stated that they wish the next Chief Justice to be someone who is already a judge.”

Bonnici also said the next Chief Justice will have to be a doer who will embark on court reforms.

“I don’t want someone who simply wants to crown his career with the top post. I want someone ready to solve problems in the superior and family courts, for example.”

Bonnici played down suggestions that all appointments to the bench on his watch were ‘red togas’. The judiciary has 44 members today, 15 appointments of which were made after 2013, the most recent after being green-lit by a judicial appointments commission chaired by the Chief Justice.

“If I speak to Labourites, they tell me the courts are under the Nationalists’ control; and vice-versa. I think the majority of people simply care that decisions are given without excessive delay.”

[email protected]