The distinction between the Superior and Inferior courts should be abolished, Justice Toni Abela suggested as he delivered his final address as a Justice of the Superior Court on Monday, as he further commented on the capability of magistrates.
Justice Abela is retiring nine years after having been appointed as a judge. He formerly held the post of Deputy Leader for Party Affairs in the Labour Party, and was also one of the founders of Alternattiva Demokratika.
As Justice Abela began delivering his address, he said that delivering judgments is the ultimate objective underpinning the court. He commented that giving thanks is a particularly important aspect of any speech, and so he thanked all those who contributed to the court's goal, and he also directly thanked a number of people, including his court staff and family members. Additionally, he thanked the professors whom he learned from during his studies at the University of Malta. He remarked that the way in which the law course is currently delivered, when compared to the way it used to be, disappoints him. He also spoke about women in the judiciary, particularly speaking about how mothers diligently continue their work despite their demanding home responsibilities.
Mr Justice Abela stated that there are three essential qualities that a judge should possess, those being a sense of justice, knowledge of the law, and serenity. He remarked that knowledge of the law fluctuates from person to person, but that all members of the judiciary have a strong sense of justice. The third quality, that of serenity, is the element which raises the most difficulty, he said. He said that there may be a variety of reasons which cause an individual not to be serene, potentially including problems at home. With that said, he remarked that the worst factor leading to a lack of serenity pertains to when attacks are directed towards individual members of the judiciary. He stated that such instances are a shame, given the significant workload faced by judges and magistrates.
He also criticised the tendency to selectively interpret the rule of law, which he remarked is "not a la carte". He said that one cannot praise a judgment when it favours them, but then criticise the judge when the judgment does not favour them.
Concluding his speech, Mr Justice Abela reflected on his time on the bench and said that nine years on, he can confidently say that he is retiring with his head held firmly high, as he further spoke of his satisfaction in delivering judgments.
Peter Fenech, the President of the Chamber of Advocates, also made an address with a tribute, as he praised Justice Abela's moral courage. Fenech said that Justice Abela was always prepared and loyal as a lawyer, describing him as a mentor to many in the profession. Fenech also spoke of Justice Abela's record, which included over 1,400 delivered judgments. The Chamber of Advocates President concluded his remarks by saying that Abela still has much to offer, and added that his experience would be wasted if not used.
The address was delivered in a courtroom full of spectators, including Prime Minister Robert Abela and Justice Minister Jonathan Attard.