From Prof. J. A. Muscat

The interview with the above heading given by the Chief Justice to Steve Mallia is a rare and important event (SToM, 7 September).

The quality of our judiciary and that of the administration of justice is of enormous relevance to the quality of life of every resident of these islands.

The Chief Justice, in his measured replies, emphasised his belief not only in the necessary competence and probity of every member of the judiciary, but also in the gravitas attached to their role, that is, the burden and the seriousness of their office and how this responsibility weighs inevitably on their daily lives. They must at all times be an example of rectitude and impartiality to the rest of the community, and this besides the qualities of erudition, wisdom and industry that we all expect and look up to.

It is no easy task and their remuneration can never match what society owes to the faithful among them.

Dr Vincent Degaetano went on to answer a number of questions regarding the day-to-day administration of justice with clarity and straightforwardness, declining to be drawn into the merits of topical individual cases.

He looks forward to an improvement in the effectiveness of the operation of the Commission for the Administration of Justice. Discipline among the judiciary and adherence to the ethical code of conduct adopted by the Commission are strictly the province of the Commission.

He deplored the customary lumbering delays in the course of due process and blames both the Police and the lawyers concerned for their casual and sometimes manipulative approach to their duties in our courts of justice.

Magisterial Inquiries are important and should be retained, their numbers reduced by reserving their use for major incidents.

The case for setting up a new office to undertake State prosecutions instead of the Police was looked into. Although highly desirable, our human and material resources may not allow it for the time being, while sections of the Police should be better trained for their present legal role.

The matter of Presidential pardons was taken up. They should only be given in exceptional cases and the reason for their dispensation open to public scrutiny.

And finally, the enforcement of pecuniary punishments issuing from judgements of the courts of criminal justice that is entrusted to the Police, who are discharging this duty belatedly and haphazardly despite representations with the Police Commissioner by the Chief Justice. The reason is not clear although it is appreciated that the Police are overworked.

I feel that by publicly airing his views on our legal system, the Chief Justice has done a most useful service to our community, which has always had great respect for the law and for the persons who practise it.

It remains to be seen whether his wise recommendations will be carried out by the Executive in the interests of us all.

J. A. Muscat

TA’ XBIEX