Justice Minister Owen Bonnici refused to make a statement in Parliament tonight, when questions regarding the legality of the appointment of two new Magistrates were made.

The government in the afternoon said that it had had approved Caroline Farrugia Frendo, who is Speaker Anglu Farrugia’s daughter, and Ingrid Zammit Young to join the benches of the judiciary.

But in the evening, after the objections raised by the Opposition, the government announced that the appointment of Ingrid Zammit Young as magistrate has been put on hold until the Commission for the Administration of Justice decides on the reservations put forward by the Opposition.

In Parliament, PN MP Jason Azzopardi asked whether the minister would like to make a statement on the two new judicial appointments, and asked whether in both appointments, the constitution and law was observed. He said that someone cannot be eligible for such a post if they haven’t practiced as a lawyer for seven years.

Dr Azzopardi made reference to the constitution and laws on the issues, and said that a member of the Employment Commission shall not be eligible for appointment to any public office, for three years from the day that person no longer held that post. He was referring to Dr Zammit Young, who according to the CV sent by government, served as Chairperson of the Employment Commission until today.

At this point, Speaker Anglu Farrugia excused himself from the room due to his daughter being one of the two new appointees to the Judiciary.

Minister Bonnici stood up and said that there are rules in Parliament that must be respected, and said; “As for his question as to whether I have a statement to make, I do not, but he can call me and we can meet whenever he likes”.

Opposition Leader Simon Busuttil stood up and said that the Minister should make a statement on such a serious matter, and said that he has all the opportunity to answer here. “We can stop everything in order for him to answer”.

Censu Galea, who took the Speaker’s place, said he could not force the minister to make a statement. 

One of two new Magistrates approved by cabinet today - Dr Farrugia Frendo, who is the Speaker's daughter - reached the minimum eligibility requirements just three days ago, sources have pointed out.

According to the biography released by the Department of Information, Dr Farrugia Frendo graduated in law in 2008. Three different sources confirmed that the lawyer obtained her warrant on 31 January 2009 and was then sworn in on 23 February of the same year.

According to the website of the Judiciary of Malta, to be appointed a Magistrate, one must have practised as an advocate in Malta for not less than seven years. 

Two lawyers who spoke to this paper said that one would have to have worked as a lawyer for at least seven years after the warrant is issued while another said the count starts from the swearing in.

In the first scenario, Dr Farrugia Frendo met her 7-year requirement just three days ago. If the second scenario is the correct one, she is not yet eligible to be appointed to the bench.

In a comment on Facebook, the Nationalist Party shadow minister said that Justice Minister had promised a new way of appointing magistrates and judges. "Today we know why he hasn't".

The latest appointments bring the number of new judges and magistrates appointed in the current legislature up to 13, with 62% of them being women.

This will bring the number of women forming part of the judiciary to 20, while there are 24 men.

 

Dr Zammit Young (left), born in 1973 in Cospicua, became Notary Public in 1995 and a lawyer in 1997. She worked for many years as a lawyer with Go plc.

Dr Farrugia Frendo (right), born in December 1983, graduated as a Notary Public in 2006 and a lawyer in 2008. She specialised in family law and civil law.

In a comment on Facebook, the Nationalist Party shadow minister said that Justice Minister had promised a new way of appointing magistrates and judges. "Today we know why he hasn't".

 

Chamber of Advocates 'concerned' on manner of appointments

The Chamber of Advocates this evening said that it has to "yet again" express the serious concern of its members "at the manner in which the Minister of Justice continues to disregard the recommendations of the Bonello Commission, and of the Chamber of Advocates, on the appointment of members of the Judiciary".

The Chamber reiterated its position, which it said had been communicated to the minister whenever the opportunity arose, that "each time that the minister foregoes the opportunity of implementing the recommendations of the Bonello Commission, a commission that was engaged by the Minister himself, he undermines the credibility and the political will of the Government to implement the recommended reforms to the justice system. 

"The disregard by the minister of recommendations for institutional improvements to the judicial system will continue to erode public confidence in the system."

The Chamber observed how the Bonello Commission's reforms of the judicial system "are clear and unequivocal with respect to the appointment of members of the judiciary and are key in the overall reform of the system - recommendations which the Chamber has already had occasion to support".

The Chamber added that: "Ultimately, it is the implementation rather than words of support or agreement, that will be the benchmark against which the Minister will be held accountable for reforming the Justice System and it is the implementation of such measures that will reveal the true commitment and political will to implement reform of the justice system, not least of which the manner of appointment of members of the judiciary."

Farrugia Frendo appointment in order; Zammit Young appointment referred to Commission for the Administration of Justice – government

In reply to questions in Parliament this evening, the Justice Ministry has said that Dr Farrugia Frendo’s appointment to the bench “meets all the requirements demanded by the Constitution”.

As far as the appointment of Dr Zammit Young’s appointment, the ministry said it would refer the matter to the Commission for the Administration of Justice.

Dr Zammit Young over recent months, the government said, has occupied the post of Chairperson of the Employment Commission, which the opposition had pointed out as a disqualifier as far as her appointment to the bench was concerned. 

The ministry said that while the Constitution does not impose a general prohibition on the eligibility of a member of the Employment Commission as far as appointments to public office, such as the office of magistrate.

The ministry said that since there was a question of legal interpretation involved, it would refer the matter to the Commission for the Administration of Justice that it would and rely on its advice, even though, the ministry said, there could have been similar precedents under the previous administration.