Magistrate Consuelo Scerri Herrera's appointment to a magistrate was overdue, Prime Minister Joseph Muscat argued today, stating that he was surprised she wasn't appointed years ago.
Three magistrates were promoted to judges and three lawyers were sworn in as magistrates in a ceremony that took place at the Palace in Valletta. The appointment of three women magistrates brings the number of women on the bench to 23, higher than that of men for the first time in the country’s history.
But the appointments do not come without controversy, as the magistrate leading the inquiry into the assassination of Daphne Caruana Galizia – Anthony Vella – has been moved up the ranks and has to relinquish that duty. Magistrate Neville Camilleri will take over the inquiry now.
Madam Justice Consuelo Scerri Herrera
The promotion of Consuelo Scerri Herrera from magistrate to judge also raised questions, as her nomination was rejected by the Commission for the Administration of Justice last year – not because of her competence but over her conduct in her private life. Her nomination was put forward again – after the composition of the commission changed – and it has now been approved.
The Prime Minister, in response to questions by the press, mentioned that Scerri Herrera had a vast amount of experience.
Mr Justice Anthony Vella
Asked if he believes this was due to political reasons, he said "I am not saying that".
Herrera is the sister of Environment Minister Jose Herrera.
Muscat said that to his knowledge Herrera had not been rejected by the committee responsible for appointing judges and magistrates, but rather the advice was that her nomination should be presented.
Mr Justice Grazio Mercieca
Justice Minister Owen Bonnici said that it was not true that she was turned down the first time her name was presented to the committee, and that government followed the advice the committee had given the first time round.
While being sworn in as a judge earlier today, Scerri Herrera highlighted her 21 years as a magistrate, and also thanked her family and her partner, Robert Musumeci who was also present. She said that she was determined to tackle the backlog in the criminal court, adding that there are some 1,000 cases pending.
PM Joseph Muscat, Chief Justice Joseph Azzopardi and Justice Minister Owen Bonnici
Asked about concerns surrounding the nomination of Magistrate Anthony Vella to judge (the magistrate who was previously handling the Daphne Caruana Galizia inquiry), Muscat said there would not be delays as a result of his nomination. Muscat highlighted that Vella was the senior magistrate and that he was practically next in line. Magistrate Neville Camilleri was appointed to head the inquiry in his stead, and Muscat said that there is no shadow of any kind over his integrity.
The third magistrate who was promoted to judge was Grazio Mercieca, who had been appointed magistrate only two years ago.
The three lawyers who were appointed lawyers are Rachel Montebello, Simone Grech and Astrid May Grima.
President of Malta Marie-Louise Coleiro Preca said during the ceremony, that this event marked a historic day where over 51% of the Judiciary were women, meaning that one of the three pillars in Malta had a female majority.
PN reaction
Asked for a reaction to the promotion of Scerri Herrera, the Nationalist Party said one needs to see what made the opinion of the Committee for Judicial Appointments change now when it had rejected her last year. It also noted that the Commission for the Administration of Justice had censored the magistrate over a breach of ethics.
Asked about the appointment of Anthony Vella, and what effect this could have on the murder inquiry, the PN said this means that the government has not seriously addressed the role of the inquiring magistrates and those of magistrates who hear and decide cases. With this appointment, the inquiries that Magistrate Anthony Vella was responsible for, including that related to the killing of journalist Caruana Galizia, are going to fall behind, the PN said.
Photos and video by Alenka Falzon