Judge emeritus Giovanni Bonello, who is chairing the justice reform commission, has expressed himself to be open to the idea of a warning system for first time offenders found to be in possession of drugs for personal use.

He qualified his position by saying that he does not want to appear to be in favour of drug use.

“Even being found in possession of a single joint sets off a whole criminal process,” Dr Bonello noted on Bondi+ this evening.

He suggested that a procedure should be put in place, under which the need for a jury or a hearing in front of a magistrate is negated.

He said that the police or another authority should have the right to issue a warning in such cases, without resorting to the courts.

“There are a lot of things that clog up the law courts, for example when parents do not send their children to school. These things need to be taken out of the ambit of the courts,” Dr Bonello said.

The former judge also sees the need for a uniform sentencing policy, moving away from the current system which relies heavily on the prerogative of the individual magistrates.

“Your destiny depends on which magistrate you are called in front of. The same offence should be given the same sentence,” Dr Bonello argued.

Dr Bonello said that such a sentencing policy should be thrashed out between judges and magistrates, and not imposed externally.

He said that sentencing should be based on a scientific methodology, though he conceded that a “subjective element” will always come into such judgements.

Another issue which Dr Bonello wishes to see dealt with is the use of juries on technical issues, such as complicated financial matters.

The former judge said that the historic scope of a trial by jury is for the defendant to be judged by his peers.

He questioned how such a judgement can be made by jurors when they do not fully understand the matter at hand, offering the example of sophisticated fraud perpetrated by bankers.

One of Dr Bonello’s major hang ups about juries is that the “motivations” behind a decision are not given, meaning that a defendant can be found guilty without knowing the reasoning behind the jury’s decision. 

For complicated trials, Dr Bonello said that the Commission is proposing trial by a judge and two assessors.

Another matter being analysed by the justice reform commission is the manner in which judges are appointed and removed.

“It can no longer be that as soon as a judge is appointed, he is no longer accountable to anyone – under the current system a judge can only be removed through impeachment by parliament.”

Dr Bonello said that the impeachment process has never worked, as it all too often turns into a political matter.

He said that a better balance needs to be struck between independence and accountability of the judiciary. He called for an independent commission in order to analyse any potential wrongdoings by members of the judiciary.

Dr Bonello pointed out that Malta is the only European country where a judge is chosen by the prime minister without any form of vetting, and where there are no set criteria that need to be respected.

He suggested following a system similar to that of the UK, where there is a judicial appointments commission in place to vet applications. He said that potential applicants should be made to sit for an exam, testing their knowledge and experience of the law.