Although retiring magistrate Carol Peralta told this newsroom earlier this week that he was “satisfied with the findings of the Commission’s [for the Administration of Justice]” investigation into the December 2013 courtroom Christmas party, during which he ordered the arrest of an inquisitive journalist, the Commission has stated that it has not yet “reached any conclusions or made any ‘findings’ following an investigation”.

Contacted in the wake of Wednesday’s sudden retirement of the colourful magistrate and asked whether his surprise decision had anything to do with the Commission’s investigation, as had been rumoured, Peralta said, “I am satisfied with the findings and I hope that they will be published soon.”

In the wake of his surprise retirement announcement, it had been rumoured that the decision 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.

Other sources speaking with this newsroom on Wednesday said that the Commission’s report had largely cleared Peralta of wrongdoing, but it did find that the magistrate should have sought permission before holding a function of that nature inside the courtroom.

 

‘I’ve retired because I’ve had enough’

Asked on Wednesday for the exact reasons behind his retirement, he declined to go into specifics and merely said: “I’ve retired because I’ve had enough.”

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.

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 ambiguously 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 motion, neither of which was 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. Ten 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.