The rule of law is the bed-rock of civilised society. Respect for the rule of law and the fair, speedy and efficient administration of justice are central to any successful democracy and the well-being of its people

I was reminded of this just recently following the report of a young, foreign woman, a resident in Malta, who was attacked by a man in Paceville after she told him to stop punching his girl-friend. The incident happened at night when this woman and her two male friends were walking towards a taxi stand to return home.

“I saw the man (a Maltese man in his 20s) holding his girl-friend against a wall and punching her in the head. I told him to get off her. When he turned around there was rage in his eyes. He told me to f*** off and shoved me to the ground… There was a concrete slab nearby. He threw it at me, but missed…” One of her friends then intervened to help her and the man punched him in the jaw. The other friend went up to the man and told him to calm down. “The man punched him across the nose and slit it open… The man then punched a car window, smashed it and the alarm went off… Then he went back for his girl-friend…”

The foreign woman called the police. When they eventually turned up and asked her what had happened they did not arrest the aggressor, as one might suppose, but allowed him to walk away as they had not themselves witnessed him doing anything. When she protested at the lack of action, the police officers suggested she should open a court case against the aggressor. When she got home she called the St Julian’s police station to report what had happened and was told she had to file a formal complaint in writing.

The rule of law provides a frame-work for civilised behaviour. It should guide our conduct and protect our individual rights. It provides that no person is deemed to be above the law and no one can be punished by the State except for a breach of the law. Nobody can be convicted of breaching the law except in the manner set forth by the law itself. Against these criteria, what are we to make of what happened in Paceville that night?

At first blush, and given that we have only heard one side of the story of what happened that night, Maltese respect for the rule of law comes out tarnished. An aggressive young man went on the rampage. The evidence in blood, smashed car, frightened girl-friend and three other victims was plain to see. Yet the police, who are charged with upholding the law, failed it seems adequately to pursue the case. Civilised behaviour and individual rights and the freedom to walk our streets in safety (something which we regard as a strong selling point for Brand Malta) were transgressed.

This was but one incident. I make no judgement on it. It is for the Commissioner of Police to examine whether his officers acquitted themselves in such a way as to uphold or diminish the rule of law. But we need to ask ourselves what it tells us more generally about our respect for the rule of law as a nation.

When we read about flouting of hunting regulations and the shooting of protected species; when we connive at VAT irregularities; when we witness traffic and parking irregularities without number, what do these tell us about our national attitude to the rule of law? When we examine how justice in our Courts is administered or how the police handle the kind of incident which I have just recounted, what does this tell us about our respect for the rule of law? On the whole, I think most of us would agree that the law sits fairly lightly on our shoulder.

The efficient and effective administration of justice is essential to any successful democracy. Malta has a long tradition of jurisprudence and judicial oversight. It has some excellent lawyers. On the whole, we have been moderately well-served by systems and individuals who have been independent-minded and independent of the state. The judiciary, through its independence, has sought to be a bastion of liberty and justice.

Nevertheless, it has been apparent for some while that there are areas of our justice system which are crying out for improvement. The former Chief Justice, speaking towards the end of his tenure, felt free to propose that an independent body should be set up to look into the judicial system, to see what difficulties exist and to propose remedies. When a Chief Justice raises such an issue one would suppose it would be wise for government to sit up and take notice. Regrettably, nothing has come of his suggestion, which has been quietly swept under the carpet.

But it is not acceptable for any government to park such fundamental matters of importance in the ‘too difficult’ tray. Rather like divorce, in the end it comes up to bite you. Far better, to deal with the issue than to let it fester.

What would an independent Commission be asked to examine? The former Chief Justice highlighted a number of issues. He spoke for everybody about the unconscionable time it takes for cases to be heard and decided upon. While some progress has been made, there are still unacceptable back-logs in the Civil Courts. Justice should be neither denied nor delayed. The current state of many of our courts is unacceptable, caused by lack of resources, the volume of work and, we suspect, poor organisation.

The iniquitous system of witnesses being summoned to court only to find that the defence lawyer has decided at the last minute that he could not attend the sitting, is unacceptable.

There is a need to review the legislation on what the media may publish regarding the names of individuals found guilty of committing heinous offences, but whose anonymity is protected because publication is banned by the court. There is also a need to ensure that the courts learn to treat with greater seriousness ‘social’ offences against the environment, under-age drinking, reckless driving, illegal fire-works, or similar cases.

The former Chief Justice was absolutely right. Although many reports have been instigated and many gaps in our system of justice have been highlighted, action to make real and long-lasting improvements has been slow in coming. The administration of justice is one of the Cinderellas of government business.

There is a pressing need for an independent body to take a fresh and impartial look at our judicial system and our respect for the rule of law. Our system of justice and law enforcement is creaking. If we are to progress as a democracy, we need to ensure that the machinery of law and administration is in good working order. We should determine that perennial criticisms of the law do not go unheeded. And, as the divorce referendum has shown, that the law is moulded to the needs of society.