Rapped lawyer takes case to Chamber of Advocates

A lawyer who last Thursday was seconds away from being sent to prison by a judge for failing to appear in court at the appointed time has referred the case to the Chamber of Advocates and is also referring it to the Commission for the Administration of Justice.

Dr Malcolm Mifsud was sharply rapped by Mr Justice Joseph Galea Debono in the Court of Criminal Appeal. The judge had asked a court marshall to summon Dr Mifsud when the case involving Dr Mifsud's client was to be heard, but the lawyer was not present.

Mr Justice Galea Debono then began dictating a minute noting that Dr Mifsud had failed to appear in court. As he was dictating the minute, Dr Mifsud appeared in the courtroom.

The judge told him he had just avoided being sent to prison and that, being paid from public funds, he should make it a point to appear in court on time. The judge told Dr Mifsud that he had accepted to become legal aid and if he could not cope due to pressure of work, he should leave the legal aid post.

Dr Mifsud told The Times he has referred the matter to the Chamber of Advocates, hoping that the chamber would take a strong position about the matter.

"The judge's comments were uncalled for as lawyers in general work under huge pressure. The reaction I got from other lawyers was one of support. They were shocked by the judge's reaction," he said.

"Most cases are assigned to 9 a.m. and there is no fixed time when a case is due to start. It is the sitting which starts at 9 a.m., not the case.

"It was not a capricious decision that I did not turn up on time before Mr Justice Galea Debono last Thursday. I had 14 cases before different judges or magistrates that morning. The one scheduled to start at 9.30 a.m. started at 10 a.m. and when I peeped into the criminal court when Mr Justice Galea Debono was dictating his minute shortly after 10 a.m., I was not donning my toga as I had left the Magistrate's court to see which case was being heard," he said.

"Sending a lawyer to prison because the system is what it is, is an extreme measure," he said.

"The beauty of our legal system is that judges and magistrates are appointed from among lawyers and they know how lawyers work," Dr Mifsud said.

Dr Mifsud said he was one of the advocates for legal aid, the other being Dr Joe Mifsud. There were then some 12 other assistant advocates for legal aid.

"People whose income does not exceed the minimum wage and whose assets are below Lm3,000 are entitled to legal aid if they are sued or if they want to sue someone in the civil courts.

"For my work as legal aid, I receive Lm3,000 a year and I see legal aid clients twice a week. I have been legal aid since June, 2000 and I have defended clients in five juries, four of the cases involving wilful homicide and lasting three weeks.

"Very often you get notified a mere six days before a trial starts and you have to prepare a defence for your client and if need be, follow it up in the appeal.

"I am not complaining about the amount of money I receive as legal aid as I knew what that would be when I applied for the post. But anyone knows that fees for defence in a trial by jury would amount to significantly more than legal aid lawyers receive in a year.

"Hence I feel that the judge's comment that I should resign from legal aid was uncalled for. As legal aid, I do not have any privileges. The only difference is that I am paid by the state, not by clients individually," he said.