The Malta Independent 25 August 2026, Tuesday
View E-Paper

Justice: Another blow to the system

Malta Independent Saturday, 21 December 2013, 08:00 Last update: about 13 years ago

Magistrate Carol Peralta dismissed calls for his resignation following the incident which saw him order the arrest of a journalist for attempting to take photographs of a party that was being held in a courtroom. He has said that he will only do so if he is found guilty of abuse of power by the Commission for the Administration of Justice, which has been requested to investigate the incident.

The government, the opposition and others have come down hard on the magistrate after Thursday’s event. In a rare media call, Magistrate Peralta yesterday explained his position and asked why he was singled out when other parties had been held in other courtrooms. He has also said that MPs from both sides of the House were present for the occasion on Thursday.

For their part, after the press conference given by the magistrate, the Opposition has stated that it is ready to move for his impeachment as he did not realise the gravity of his behaviour, while the government, through a comment given by Prime Minister Joseph Muscat in Brussels, stood by its position although he adopted a more cautious approach so as not to undermine the course of justice.

The investigation that will be carried out by the Commission for the Administration of Justice is intended to shed more light on the situation. We urge the authorities responsible to look seriously into the case as rapidly as possible, and not allow it to drag on for months if not years like – no pun intended – many court cases do.

What is certainly true is that what happened on Thursday deals another blow to the judiciary. After a former Chief Justice and another judge were embroiled in a scandal that rocked the judicial system a few years ago, this is another situation that puts the courts of law in a negative light. The report drawn up by a special commission led by Judge Giovanni Bonello earlier this month is seen as a way to have a new beginning – and this new beginning is needed not a moment too soon.

While this particular investigation is welcome, the matter should not stop there. There are other matters that need to be seen to when it comes to the behaviour of some members of the judiciary. There have been other instances in the past when other judges and magistrates did not behave appropriately – not in the courtrooms only, but outside too – but no investigation was deemed necessary. The ‘new beginning’ envisaged should, in this respect, make members of the judiciary more accountable for their action.

There are other questions that need to be raised, and we are glad that the Prime Minister understands that the presence of MPs at the party in question – if it turns out to be true – is unacceptable. Both sides of the House have attacked the behaviour of the magistrate, but they should also now show they mean business by coming out with the names of their MPs who were in attendance, and by coming down in a similarly hard fashion on them for their poor judgement in having seen it fit to have attended such a gathering.

 
  • don't miss