"Old school" judge sworn in as chief justice

The hard task of restoring the damaged image of the judiciary with the public was given a big shove yesterday when a judge of the "old school" who is known for his integrity was sworn in as chief justice.

Chief Justice Vincent de Gaetano is a man of low profile and no nonsense, and was at first sceptical about accepting the burden.

But having got over his doubts, he yesterday marked his swearing in with a strong appeal for the country to stop the "siege" against the administration of justice.

Speaking shortly after being sworn in at the Palace in Valletta, the chief justice said: "Whatever had to be said - good or bad, true or false, fact or opinion - has been said. Please, give the judiciary, after these turbulent weeks, the chance to start its normal rhythm of work, without continuous broadsides."

The new chief justice was sworn in after his predecessor, Noel Arrigo, submitted his resignation on August 8 just eight months into the post, after he was charged, together with Mr Justice Patrick Vella, with accepting bribes in return for reducing a drug trafficker's jail term on appeal.

Chief Justice De Gaetano admitted that after receiving a call informing him of his nomination last Saturday, his initial reaction was to ask the prime minister to reconsider, saying he preferred not to be burdened with such a responsibility.

"However, after a period of reflection, I accepted the post with a sense of responsibility towards the state, and probably even more with a sense of responsibility towards my colleagues," he said.

Chief Justice De Gaetano admitted that he had a tough road ahead in order to restore faith in the judiciary, but added that this would be achieved with the cooperation of all concerned.

On the wide media coverage and comments since the charges were brought against the two judges (see law reports pp. 13-14 and 40), he said there was nothing wrong with criticism provided it was not intended to cause more harm than good. After all, nobody had a recipe for perfection, he said.

"I am convinced that every problem in the administration of justice can only be solved through serene dialogue between all parties concerned, and not through reciprocal recrimination, or with generic and senseless comments.

"No human institution is perfect and no judge is perfect - we will not find perfection in this world."

But where there was space for improvement, then all efforts would be made to achieve that, he said.

"I am no superman; I have never been one, and nor have I pretended to be one. I am fallible like everyone else."

However, he pledged to do his utmost for the benefit of the country.

He expressed his belief that a number of structures, such as the Commission for the Administration of Justice, were functioning properly.

Unfortunately, he said, there was a lot of unseen work which could not be acknowledged and appreciated.

He refused to give further comments to reporters following the swearing-in ceremony.

The ceremony was presided by President Guido de Marco, and was conducted in the presence of Acting Chief Justice Joseph David Camilleri, Prime Minister Eddie Fenech Adami, Justice Minister Austin Gatt, Attorney General Anthony Borg Barthet, and the chief justice's two children, Elizabeth and Victoria.

Prof. de Marco said the public's faith in the judiciary was indispensable to ensure the correct governance of a civilised country.

"It's important to be brilliant when practising law, but it is essential to be dedicated and motivated," he said.

Prof. de Marco said the nomination of Chief Justice De Gaetano was witness to the quality of the judiciary.

Chief Justice De Gaetano is perhaps best known for keeping a low profile.

Some lawyers who were contacted yesterday said the new chief justice belongs to the "old school" - one who would do his utmost to keep out of the public eye.

Several lawyers believe that his appointment is a clear message by the government of the intentions to mend the image of a judiciary which has gone through a turbulent period.

"There is absolutely no shadow of doubt about Chief Justice De Gaetano's integrity and high moral stand," one lawyer said.

Despite being regarded as extremely strict in his work, the new chief justice was extremely professional, he said.

Chief Justice De Gaetano, 50, is a senior lecturer at the university and was educated at St Aloysius College, the University of Malta and the University of Cambridge.

He was called to the bar in 1976, was appointed Senior Counsel to the Republic in 1979 and Assistant Attorney General in the Attorney-General's Office in 1988.

Among other appointments, between 1989 and 1994, Chief Justice De Gaetano served as Deputy Attorney General.

In his career the new chief justice has handled a number of well-known cases, most notably the drug-trafficking case of Meinrad Calleja.

Unknown individuals fired shots at his home in 1992.

He presided over the Charles Muscat Mosta double murder case in 1999, and was also the prosecutor in 1993 against former police commissioner Lawrence Pullicino, who was found guilty in the case relating to the death in police custody of Nardu Debono.

Chief Justice De Gaetano was ironically the judge who handed down the original sentence of 16 years' imprisonment to Mario Camilleri. The sentence reducing the term by four years on appeal, led to the bribery charges.

The status of the appeal judgment in Camilleri's case is still not clear, although it appears that the decision will stand.

Attorney General Anthony Borg Barthet had told The Times when asked that the law was silent about the possibility of a retrial in the circumstances which led to the appeal judgment.

The matter would be further considered when the full facts of the case are known, also in the light of the constitutional provision against double jeopardy, Dr Borg Barthet had said.

Efforts to contact the minister of justice were unsuccessful.