The Chamber of Advocates has deplored comments made by a magistrate to the prosecuting officer in the case against Roderick Cassar, who stands accused of killing his wife Bernice Cassar last year.

In a court sitting on 4 July, the prosecutor accusing Cassar of murdering his wife was ordered to stand in the dock next to the defendant and threatened with being found in contempt after she objected to a magistrate’s criticism of her handling of the case.

At one point, the magistrate, Joe Mifsud asked why the prosecution needed the registrar of the Civil Courts to testify.

The prosecutor attempted to reply, saying that the mediation proceedings would provide evidence of what it believes is the motive behind the murder of the mother of two: that Roderick Cassar refused to accept that the victim had filed for separation. Her reply was drowned out by the magistrate.

But the magistrate rebuked the prosecutor for making the request at this stage of proceedings, accusing the AG of “sleeping on” the case.

He then interrupted the prosecutor as she was explaining her position, telling her that this could have been done in previous sittings. “If this had happened in the beginning we would have appointed an expert then and now we would be wrapping up the proceedings.”

“If you wanted this evidence, you should have exhibited it at the beginning of the case,” Mifsud said, adding that this practice was a contributing factor in the Office of the Attorney General losing recent trials by jury.

“With all due respect, this is not the forum to discuss these issues…” began prosecutor Angele Vella, but was interrupted by the magistrate. “We need evidence of the beginning of separation proceedings because it was the catalyst for the murder,” the prosecutor insisted, her voice rising.

“You will not speak like this in my courtroom, otherwise get out!” shouted the magistrate, ordering Vella to stand in the dock beside the accused, saying he would teach prosecutors a lesson “find [her] in contempt once and for all.”

Vella obeyed the order and proceeded to stand in the dock, where she weathered an unusually harsh dressing-down from the magistrate.

The prosecutor apologised and then explained that the reason why she wanted to exhibit the acts of the mediation proceedings was to support the prosecution’s argument that the victim had sought a marital separation from Roderick Cassar.

The magistrate appeared to relent and in the end did not declare the prosecutor to be in contempt of court.

In its statement today, the Chamber of Advocates referred to the “inappropriate words and orders” given by the magistrate, saying that the magistrate abused his position and humiliated the prosecutor in the course of her duties.

Such comments, the chamber said, serve for nothing except to undermine the public’s faith in the judiciary, something that the judiciary does not deserve for its work.

The chamber said that the court should respect every lawyer and no personal or general comments should be passed about the office of the Attorney General, which has an important function in the justice system.

The chamber expressed its solidarity with the lawyer.