The Malta Independent 21 July 2026, Tuesday
View E-Paper

Court appointed experts system a ‘racket’ based on personal contacts

Malta Independent Saturday, 31 May 2014, 09:30 Last update: about 13 years ago

No centralised list of court experts exists, which is what likely led to the appointment of a psychiatrist in the Mosta cat-killer case who had been dead for seven years.

In terms of the law a list of court experts should exist, but the only such list available on the justice services website is a list of interpreters and translators.

A seasoned criminal lawyer told the Malta Independent that the system for appointing court experts is “primitive” and relies on experts building contacts with magistrates and judges. Many a time the same experts are appointed case after case, having successfully “infiltrated” the necessary networks in the judiciary.

Given the nature of the ‘old boys’ network,’ new experts looking to do court work find it very difficult to make it onto the non-existent court expert list.

The lawyer said that while some experts carry out their work conscientiously, there are other experts with “dubious qualifications who seem to be experts in everything.”

The lawyer pointed out that expertise is not generic, in the sense that a medical expert is not necessarily conversant with every single branch of medicine, and therefore the experts appointed should be case-specific.

The lawyer said that at times, court-appointed experts tend to be too “chummy chummy” with the prosecution, and take glee when an accused it successfully prosecuted, whereas their job should be to present the facts impartially.

Lawyers do at times express their objections to the appointment of certain experts, usually by diplomatically suggesting that another expert be appointed.

The lawyer said that although courts are not bound to rely upon the facts or conclusions drawn by an expert, there has to be a just cause to do so.

Another issue pointed out by the lawyer is that experts in criminal appeals are sometimes nominated without the scope of their nomination being made clear.

Contacted by The Malta Independent, Dr Reuben Balzan, the President of the Chamber of Advocates, said that what happened in the case of the deceased court-appointed psychiatrist is the result of a “disorganised system."

  • don't miss