Four magistrates are presently assigned inquiries which were opened more than 20 years ago – many years before they were actually appointed to the bench.
This information was revealed in a reply to a parliamentary question by government whip Carmelo Abela.
As had been confirmed previously, the oldest pending inquiry concerns the murder of 15-year-old Karin Grech on 28 December, 1977: according to the information provided in parliament, this inquiry was launched exactly two years later. Ms Grech had died after opening a parcel bomb which was addressed to her father Edwin, a gynaecology and obstetrics consultant who had returned to Malta from the UK to work in the midst of a doctors’ strike.
The government was ordered to pay nearly €420,000 to the Grechs after a judge ruled that the murder was a consequence of Prof. Grech’s work. The government contested the court’s conclusion that the murder took place for medico-political reasons – although it did not contest the sum awarded – as the murder had still been unsolved, but its appeal was unsuccessful.
The case is presently assigned to Magistrate Aaron Bugeja, who was only appointed to the bench on 14 June, 2013. He had inherited it from Antonio Mizzi, who was made judge on the same day: the original inquiring magistrate has since died.
Two other magistrates have been assigned inquiries that were opened in the 1980s and which are yet to be concluded.
Anthony Vella, who was appointed to the bench in 2004, had inherited an inquiry which was opened on Christmas Day in 1987, while Gabriella Vella, who was sworn in as magistrate in 2009, is presently responsible for an inquiry that was opened on 7 December, 1988.
Marse-Ann Farrugia is the only other magistrate to be responsible for an inquiry which is more than 20 years old. The oldest inquiry she has been assigned was opened on 7 March, 1990, two decades before she took her oath of office.
Magistrate Miriam Hayman’s oldest pending case dates back to 28 December, 1998 – making it the oldest case assigned to a magistrate who was already serving in the judiciary when it was opened.
At the other end of the scale, Magistrate Ian Farrugia’s oldest inquiry only dates back to 11 February of this year, while Magistrate Charmaine Galea’s oldest inquiry was opened last 22 October.
Asked to comment, Justice Parliamentary Secretary Owen Bonnici said that it was inopportune for him to seek details on any individual criminal inquiries, but pointed out that “on a general level, inquiries may remain pending or are closed and are subsequently reopened once new evidence or additional investigations become necessary.”
He explained that according to the Criminal Code, a magisterial inquiry should be concluded within 60 days, and if it is not, the magistrate responsible should draw up a report stating the reason for the delay which should be sent to the Attorney General no later than three working days after the 60-day period has elapsed.
Following this initial report, subsequent reports justifying the delay should be sent every month.
“Unfortunately, this provision is not adhered to as rigorously as it should, although there are magistrates who respect it completely,” Dr Bonnici maintained.
After the lapse of the initial 60-day period, interested persons may file an application to request the magistrate to hear them as witnesses, or to hear as witnesses any persons indicated in the application.
Dr Bonnici also stressed that the government “intends to revamp the institute of inquiring magistrates,” but did not go into detail, stating that further information will be given in the coming weeks.
However, a possible course of action is outlined in the final report by the Commission for the Holistic Reform of the Justice System, which was headed by former human rights lawyer and European Court of Human Rights judge Giovanni Bonello.
The commission argues that magistrates should no longer carry out inquiries, suggesting that this role should instead be the responsibility of the Prosecutor General – itself a new position proposed by the report – and his or her office.
Around 1,000 inquiries are opened every year, and the commission argues that assigning them to the Prosecutor General’s office would also help reduce the burden on the judiciary.