Anyone who has public or social influence should carefully weigh their actions and words so as not to damage the administration of justice, Chief Justice Mark Chetcuti said as he delivered his speech during the opening of the forensic year on Tuesday.

This, he said, is important in order for the judiciary to be able to serenely fulfil its duties both inside and outside the Court, as well as for people to maintain confidence in the justice system.

The Chief Justice said that this is not a discretionary choice, but rather a duty for those who seek the common good and give credibility with facts to democracy and the rule of law. "That is why, in a particular manner, public authorities should clearly and unequivocally respect, observe, and reinforce the actions of the Court by not allowing the judgements and orders of the Court to be hindered, challenged, or ignored."

Chief Justice Chetcuti continued that where a constitutional court orders a change in the laws, this should be done not with a sense of submission, but rather with full adherence to the interest of the Maltese state. "I do not need to be more clear about this and the negative consequences (that will happen) among us and in the eyes of other democracies, when one of the pillars of democracy is left without proper protection or full respect from those who, in the end, are obliged to and have an interest in to continue strengthening democracy," he remarked.

He continued that it is beneficial for the judiciary to receive constructive criticism, but not with words and actions which "only hinder without need or justification". He added that the country should be proud of a judicial system which, "except for some bumps over the years, has always remained solid in every occasion where justice and righteousness are broadcast without fear and without favour".

The Chief Justice looked back at the forensic year 2023/2024.

He said that when he became the Chief Justice in 2020, there were around 1,500 pending appeal cases. He said that the procedural system and the compositions of the Appeals Courts were not enough for these appeals to be closed in a reasonable time. These concerns were raised to the Ministry for Justice, he said, and legal amendments were brought forward as a result, which were approved by Parliament. He added that an additional section of the Court of Appeal was also approved which would include the addition of two new judges. With that in mind, the Chief Justice remarked that the results seem clear today.

Speaking about constitutional appeals, he said that the tendency to open constitutional cases has grown in the past years, which leads to more constitutional appeals. He said that for the First Court, there were 600 constitutional cases introduced since October 2023. He added that there are currently over 300 constitutional appeals pending.

Chief Justice Chetcuti also made a request to Justice Minister Jonathan Attard and Parliament, for an amendment to be made to the constitution so that constitutional appeals would be able to be divided on the three appeals' sections as is done with civil and commercial appeals.

He also spoke about how a newly appointed judge within the Commercial Court had to be assigned to handle a number of civil cases in order to lower the amount of cases that each judge has to deal with within the Civil Courts. He remarked that currently each civil court judge has around 500 cases. "The amount of civil cases is too high for the amount of judges present in the Civil Courts," he said.

Chief Justice Chetcuti also asked the Justice Minister to consider adding two new judges to the Civil Courts so that the amount of cases each judge is assigned each year can decrease, "and so there would be a real possibility that old cases are tackled in a shorter time frame and with less pressure and tension."

He said that in the Criminal Courts, the shortage of staff such as clerks, marshals, and court assistants has been felt heavily.

Speaking about the Court of Magistrates, the Chief Justice said that there are currently around 1,700 pending inquiries. He continued that although almost a year has passed, the Magistrates handling these inquiries have still not been provided with an adequate space or dedicated building. He added that they have not been assigned permanent staff to help them carry out their duties better and with more efficiency. He urged the Justice Minister to find a solution so that inquiring Magistrates can be more efficient in their work.

Concerning the Family Court, the Chief Justice said that as it stands, the three judges assigned to this court receive around 250 new cases each year, 600 mediations and 300 new contracts each year.

In regard to the Gozo Court, he said that it is composed of two full-time magistrates who are responsible for handling all cases. He said that these magistrates are doing their work seriously and with diligence but are in need of immediate assistance and disciplined, competent staff so that proper service is provided to the people.

The Chief Justice also spoke about the choosing of experts for certain specialised reports to assist Magistrates. He remarked that there need to be more court experts specialised in the fields of information technology and artificial intelligence. He continued that due to the public notoriety of certain cases, it is difficult to find Maltese experts who are prepared to provide this service to the court due to the potential negative publicity that can result from it, especially considering Malta’s small size. He added that certain specialisations cannot be found in Malta, and so foreign experts are brought in to assist the judiciary. “There is no form of capping of pay that these experts can request”, he commented, though he added that any expense requested must be authorised by the Magistrate following consultation with the court administration.