In exclusive comments to The Malta Independent yesterday evening in the wake of his surprise retirement from the bench, former Magistrate Carol Peralta stressed that he did not resign but that he has instead retired early.
Peralta’s letter to the President makes it perfectly clear that he has retired but a statement from the Justice Ministry yesterday evening had erroneously said that the magistrate had resigned.
The 63-year-old Peralta was two years shy of the maximum retirement age for members of the judiciary, but he could have retired as early as at the age of 62.
Asked yesterday for the exact reasons behind his retirement, he declined to go into specifics and merely said: “I’ve retired because I’ve had enough.”
It is understood that Peralta’s retirement had been catalysed by the conclusions of an investigation by the Commission for the Administration of Justice into the December 2013 controversy that erupted when the magistrate ordered the arrest of a journalist who took photographs of a Christmas party he was holding in the courtroom.
Asked yesterday evening whether this was indeed the case, Peralta said, “I am satisfied with the findings and I hope that they will be published soon.”
Other sources speaking with this newsroom yesterday evening have said that the Commission for the Administration of Justice’s report have largely cleared Peralta of wrongdoing, but the Commission did find that the magistrate should have sought permission before holding a function of that nature inside the courtroom.
Asked to comment on his relations with Justice Minister Owen Bonnici, the former magistrate declined.
Magistrate cites ‘numerous disappointments and disillusions’ in retirement letter
Peralta is by no means a stranger to controversies ranging from his Christmas courtroom party to some of his judgements to impeachment motions, and yesterday’s surprise retirement announcement, which was vaguely accusatory, fits the bill.
In his retirement letter to the President, Peralta cited “numerous disappointments and disillusions” in Malta, although he remarked that he was satisfied with his judicial appointments in other countries and international institutions.
Peralta said he reached his decision after deep reflection.
The former Magistrate said in his resignation that he had wanted to hand in the letter personally to the President, but that he had been informed by her staff that this would not be possible. He thanked the Presidency for the trust placed in him.
At 63 years of age, Peralta had been the subject of two-impeachment motions, neither of which were brought to fruition. One had been raised in 1990 over alleged misbehaviour when he had served as a magistrate in Gozo. That impeachment motion had been filed by then MP and now Judge Wenzu Mintoff.
Four years later, in 1994, then Prime Minister Eddie Fenech Adami had tabled another impeachment motion in Peralta’s respect. While the charges levelled against him at the time had not been made public, the Council for the Administration of Justice found there were no grounds for the impeachment to proceed.
Peralta served for 13 years on the UN Interim Mission in Kosovo with jurisdiction over war crimes and organised crime. He was then appointed presiding judge of the Special Chamber of the Supreme Court of Kosovo, dealing with privatisation matters. 10 months later he was promoted to the position of Chief International Judge of Kosovo with overall responsibility for managing the country’s international justice programme in the country.
In January 2008, Dr Peralta was asked to join the State Court of Bosnia-Herzegovina as an international judge with first instance jurisdiction over war crimes and organised crime.
He returned to the Maltese bench as a magistrate in 2012.