Chief Justice Mark Chetcuti has asked Judiciary Standards Commissioner Toni Abela to investigate Judge Lawrence (Wenzu) Mintoff after a five-page letter to the Cabinet secretary was made public today, according to information obtained by Times of Malta.
The move follows concerns that the letter may breach the judiciary's code of ethics, which prohibits judges from privately communicating with members of the executive about matters related to their duties, unless this occurs through or with the express consultation of the Chief Justice or the most senior magistrate.
Under established procedure, the Judiciary Standards Commissioner, Toni Abela, will submit his findings to the Chief Justice. If necessary, the matter may then be referred to the Commission for the Administration of Justice, the only body empowered to discipline members of the bench. Sanctions range from a formal citation to salary reduction, suspension or removal from office.
In the letter, Mintoff makes several allegations concerning Abela's past conduct as a lawyer and Labour MP. He claims Abela pressured court staff to increase the taxable amount in a case in which he was involved, allegedly to raise his compensation.
Mintoff also states that Prime Minister Robert Abela indicated a preference to delay appointing a successor to Chief Justice Chetcuti until after the election. He has called on the prime minister to recuse himself from discussions on the appointment.
Mintoff, a former Labour MP and editor of the party's newspaper KullĦadd, was appointed judge in 2014. In his inaugural address, he acknowledged his contentious political past and said he had often acted according to conscience despite personal cost.
Chief Justice Chetcuti has stayed on in the role in spite of reaching retirement age as the two sides of the House have failed to reach an agreement on his successor.