The Malta Independent 25 April 2024, Thursday
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Bonnici says Parliamentary comments on judiciary backing granting of warrants now ‘clarified’

Helena Grech Saturday, 26 May 2018, 09:30 Last update: about 7 years ago

Justice Minister Owen Bonnici yesterday said that the issue where the Association of Judges and Magistrates had refuted comments he made in Parliament on Wednesday, where he had asserted that he had the entire judiciary's backing to issue legal warrants to two law students who had been found guilty of theft, "has now been clarified."

The issue revolves around two students, Thomas Sant, 30 from Qormi and Yanica Barbara, 28 from Attard, who eight years ago had received a conditional discharge after they admitted to fraudulently using a lost credit card. Controversy erupted in March when it emerged that they had been allowed to sit for their warrant exam despite their conditional discharge.

Speaking in Parliament on Wednesday, Bonnici said: "... the Association of members of the judiciary, meaning all the Magistrates and Judges, told me and also said publicly that they are in favour of the two students being granted a warrant. So it is not just four judges but all of them as part of the association."

Reacting to an article quoting Bonnici's speech, the Association of Magistrates and Judges said: "The article says that the minister spoke to four judges and magistrates. The identity of the four is unknown to the association.

"The minister gave the impression that all members of the judiciary agreed with him about the awarding of the warrants. But a number of judges and magistrates informed the association that no-one had spoken to them about this.

"It is therefore wrong to say that the Minister has the support of all the judges and magistrates," the association said.

When contacted yesterday, the Justice Minister said he had spoken to the Association Secretary, Magistrate Francesco Depasquale, and informed him that his statements were based on comments the Association themselves had previously made in a letter to the press where it had said:

"The association reiterates that the empanelled judges, having taken into consideration all the aspects of the law and having examined the candidates accordingly, correctly applied the law in force to date."

The empanelled judges being referred to are those who assess law students who have completed their law degree at University and certify that the individuals in question are of good conduct.

Madam Justice Jacqueline Padovani Grima, Mr Justice Wenzu Mintoff, Mr Justice Tonio Mizzi and Mr Justice Joseph Micallef were the four judges who decided the fate of Thomas Sant, 30 from Qormi and Yanica Barbara, 28 from Attard.

While the Minister stressed that he followed the guidance of the empanelled judges, who had been asked to re-evaluate their decision to grant the warrants after the Chief Justice and the Chamber of Advocates raised serious concerns, they ultimately stuck to their original position.

According to Article 81 of the Code of Organisation and Civil Procedures no person shall be entitled to obtain a warrant unless they are of "good conduct and good morals". The law does not explicitly define "good conduct" and the Chamber of Advocates and the Association of Judges and Magistrates have given differing views on whether a conditional discharge should disqualify the two lawyers from obtaining a warrant. Bonnici had previously explained that the law stipulates a conditional charge does not indicate that you are disqualified for receiving a licence of any sort.

He highlighted how he had not invited the two students in questions to the warrant ceremony so that they may be given their warrant, despite receiving criticism for that, in order to buy more time for reflection.

Partit Demokratiku yesterday questioned whether Minister Owen Bonnici misled the House of Representatives when he said all judges and magistrates supported him in the decision taken to grant warrants to two lawyers with a previous criminal conviction.


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