The Malta Independent 6 June 2025, Friday
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Exaggerated length of court procedures unacceptable - PS

Malta Independent Wednesday, 18 September 2013, 16:35 Last update: about 12 years ago

The exaggerated length of procedures in the courts is unacceptable, said the Parliamentary Secretary responsible for Justice, Owen Bonnici, in relation to the case of Joseph Lebrun, who was last week compensated €6,000.

The government believes the case is not isolated but an effective snapshot of a series of things going wrong in the justice system and which are leading to citizen’s fundamental rights for a fair hearing within a reasonable time, to be breached.

Although certain issues may have become the norm, this is completely unacceptable for the government, which is striving to make the island among the best in Europe, in several sectors.

While making it clear it did not intend to point fingers at any member of the judiciary, the government said the system has structural problems which are to be addressed.

Analysing the Joseph Lebrun versus Attorney General judgement, the government said the praxis was to hold a hearing every month although the general rule was that none are held. Some 55 hearings took pace over the case but testimony was only heard in four cases.

Often, court experts were given tasks which were not completed after years while others were given unnecessary tasks.

The prosecution sometimes fails to notify witnesses who need to appear in court and takes very long to confirm simple things. There is also the praxis of unnecessary ‘rinviji’ made to the Attorney General.

The court also does not draw attention to the situation when procedures would to start to take too long. Constitutional references also take place frequently and after taking time to be heard, these result to be futile.

The government believes people deserve better. We should not take six years to dispose of cases which other jurisdictions decide in six months.

The justice system is currently under review and the government plans to start implementing changes towards the end of the year.

The Justice Reform Commission, set up in April, is expected to publish its final report next month. 

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