The opening of the forensic year

Both the Chief Justice and the President of the Chamber of Advocates raised some points in their respective speeches that will surely have raised an eyebrow or two.

The Chief Justice expressed his disappointment that Parliament failed to approve several select clauses of a constitutional bill for amendments pertaining to the judiciary via a two-thirds majority. Undoubtedly, this was mainly due to the Opposition voting against such clauses, as has often been reiterated by the government. The Opposition might or might not have been justified in its voting against.

Still, the judiciary should not publicly express approval for proposed legislation because it violates the fundamental principle of judicial impartiality and independence, which requires judges to be unbiased and avoid political entanglement. Publicly endorsing proposed legislation compromises this neutrality, as it suggests a prejudgement of the law's merits before any potential case reaches the court.

The Chief Justice is also of the idea that the Court should employ full-time technical experts, such as doctors, engineers, and architects, to assist judges and magistrates in inquiries.

This is quite a far-reaching proposal, and, from what I can gather, it would be a first for our judicial set-up, as no other country in the world employs full-time experts. Moreover, I seriously doubt how many such experts would be ready to abandon their highly paid private practice to be in full-time employment with the court, ostensibly with less income and less room for gaining precious experience in their private practice that would be more useful, reliable and credible when called upon to serve as court-appointed experts.

The President of the Chamber of Advocates, on the other hand, lamented the fragmentation of court buildings in Valletta, warning that lawyers were being forced to act like "roadrunners" rushing between sittings that sometimes start late without apology.

He couldn't have said it better.

Even when law firms have several lawyers working within them, they can hardly honour all scheduled court and tribunal sittings taking place at long distances apart. This can lead to burnout, which can impact their health and job satisfaction.

Finally, he rightly and timely called for the creation of a regulator to oversee AI's role in the legal sector. The rapid development of AI technologies has introduced new possibilities and challenges for the legal sector.

AI is no longer theoretical in the legal field. It's already being used in a wide range of day-to-day tasks. The benefits are significant, with the potential to transform the way legal professionals deliver value and service to clients.

Legal professionals must ensure that the AI tools they use meet the highest standards of accuracy, precision, and credibility. This is where the regulator's role would be most felt to be needed to prevent any runaway use of AI.

                                                    The war's first victim

Regarding the ongoing war in Ukraine, authoritarian Russia, on the one hand, and supposedly democratic Ukraine, on the other hand, cannot be trusted with the facts, let alone the truth about the war.

Neither side can, nor should be trusted, to reduce the fog of war, because both are fully engaged in psychological warfare, which is key to winning the overall war in Ukraine.

Closer to our shores, in the ongoing war in the Middle East between Israel and Hamas, together with the latter's allies, both sides have been propagating their own selective facts and myths while censoring counterclaims, as each needs to maintain an appearance of progress to justify big sacrifices in blood or treasure. And both sides need to up the ante to harden public resolve behind their goals, which thus far have excluded any serious effort towards a diplomatic solution.

So it is no surprise that history teaches us that governments, whether autocracies or democracies, lie about wars for tactical or strategic reasons. In fact, there is a fancy name for it - stratagem, which means to deliberately send untrue signals to unsettle the enemy while reassuring one's own side.

Deception is at the heart of all warfare.

Indeed, truth is the first casualty of war insofar as misinformation, propaganda, and biased reporting often flourish during wartime, obscuring the facts and making it difficult to discern the reality of a conflict. It is the result of a long-observed phenomenon in which warring factions manipulate information to their advantage, affecting public perception and the overall understanding of any conflict or war.

It is the leaders who must sell the idea of war to the people since most don't desire it.

In light of all this, it's more important than ever for the free and independent media to play its part in defeating the legions of fake news, disinformation and speculation.

                                                            Gratitude for health services

Despite the all-too-often criticism, albeit legitimate, for the manner in which our health sector is administered by the authorities that be, we cannot fail to publicly thank the whole medical staff at Mater Dei for the excellent service they provide, even against all odds.

I have recently come in need of several medical interventions and tests carried out at Mater Dei, and I'm writing this with a heart full of gratitude. I can't express enough how much they all meant to me during a trying time for me.

I watched them all running around helping everyone, including me, even though there was a patient or two who was a nervous wreck one day in the hospital because of the awful pain and chills. But that's how it was since there was a huge influx of patients.

We must be grateful to the surgeons and anaesthesiologists for the successful surgeries they conduct on a regular basis, with most being quite demanding. Also, a big thanks to the nurses and nursing staff for constantly providing pain relief infusions and for taking such outstanding care of everyone.

My brief stay in hospital was like being in a different, better world, a world where people support each other, where there's no judgement, where warmth is valued, and where people are still people.

It's unbelievable how amazing the people in the hospital are. They are so wonderful that one can't help but thank them for every little thing, even though some might say, "It's their job." The kind of shifts they work and what they see daily - not everyone can do this.

I don't know how they relate to each other, but they were pure, sincere, and wonderful to me as a patient. And for that, I thank them endlessly. I believe they don't even realise how important they are, how much their kindness heals just as much as the medicine they give.

This letter is my small attempt to tell them: thank you for existing. Thank you for being there when we hurt the most. Thank you for restoring faith in people, at least for a little while.

Dr Mark Said is a lawyer