Dr André Camilleri has turned down his nomination to the post of judge because of what he called the "hasty and wrong" advice given by the Commission for the Administration of Justice over his legal credentials, which could undermine confidence in him as a judge.

He announced his decision yesterday in a letter to President Guido de Marco, who also presides over the commission.

In its advice to the prime minister about Dr Camilleri's nomination, the commission had expressed doubts over whether he had the necessary legal experience as required by the Constitution, which lays down that a nominee to the Bench must have a minimum of 12 years' practice as an advocate.

Dr Camilleri had been expected to be sworn in shortly.

In a statement, the government yesterday said it was noting Dr Camilleri's decision with regret.

It also released correspondence that has passed between the prime minister, the President and Dr Camilleri in the past few weeks.

The correspondence led to Dr Camilleri's strongly worded letter to Prof. de Marco, in which he said he had been informed that the commission could not accept his request to carry out a "serious" evaluation of whether he satisfies the Constitutional criteria, so that he would be in a position to take the oath.

The advice given by the commission, he charged, had been "hasty and wrong" and could lead to a loss of confidence in him as a judge, and would have done "no small" damage to the administration of justice.

Dr Camilleri wrote that he could not but comment with regret about "the lack of seriousness in the way the commission, presided over by yourself, has proceeded".

"How can someone give advice on a person nominated to a post, especially that of a judge, without interviewing the candidate at least once," he asked.

"How can the commission remark that it had not been given enough time to evaluate my credentials, but at the same time throw doubt on whether I satisfy the criteria established by the Constitution?"

He made it clear that his decision was solely a result of what the President had written on behalf of the commission.

He expressed gratitude to the prime minister and other members of the government for the confidence they had shown in him over the past weeks and for the efforts made by Chief Justice Vincent de Gaetano for a solution to be found "following the difficulties created by the commission".

Dr Camilleri ended his letter by expressing hope that he would be able to serve the country in other positions.

The correspondence goes back to September, when the prime minister asked the commission for advice over the nominations to the post of judge of Dr Camilleri and Magistrate Noel Cuschieri, who has since been sworn in.

In its reply, the commission observed that Dr Camilleri had experience in public and private entities in a legal context and/or nature. However, it added, such experience did not necessarily amount to him exercising the profession of a lawyer.

Thus, in the absence of indications that Dr Camilleri had exercised his legal profession for the period demanded by the Constitution, it was possible, the commission argued, that he lacked the requisites in terms of article 96(2) of the Constitution.

The letter was signed by President Guido de Marco.

Dr Fenech Adami wrote back reassuring both the President and the commission that since receiving the warrant of a lawyer, Dr Camilleri had exercised the legal profession "in a brilliant way" as shown by the various positions he had occupied, especially in the public sector.

The prime minister said Dr Camilleri had exercised his profession in the commercial and financial sectors and that, in his opinion and that of his cabinet, Dr Camilleri had proved he possessed "excellent capabilities".

He said he would not hesitate to advise the President to nominate Dr Camilleri.

On October 23, Dr Camilleri wrote to Prof. de Marco pointing out that over two weeks had passed since the commission had given advice to Dr Fenech Adami on his qualifications.

"In this letter, the commission noted that it had been given a short term (between September 26 to October 7) in which to evaluate my nomination," wrote Dr Camilleri.

"Notwithstanding this, the commission chose to give its advice and expressed doubts over whether I satisfy the criteria according to the Constitution.

"I understand that the prime minister could have given his advice on my nomination as judge without seeking the advice of the commission. But the advice was sought and the commission has spoken."

Dr Camilleri wrote that in the circumstances, he was not in a position to take the oath of loyalty and that of judge before the commission carried out a serious evaluation and took the time it required to examine whether he satisfied the Constitutional criteria.

Last Monday, Acting Prime Minister Lawrence Gonzi wrote to Prof. de Marco suggesting that in the light of the prime minister's advice following a cabinet decision, it would be desirable for the commission to eliminate the difficulties raised by Dr Camilleri so that he would be in a position to be sworn in as judge.

If need be, Dr Gonzi wrote, the commission could summon Dr Camilleri to obtain his views on how he had exercised his profession.

The following day Prof. de Marco wrote back to Dr Gonzi informing him that the commission had approved a motion which stated:

"Following the prime minister's letter of October 7 in reply to the advice of the commission of the same date, and following the prime minister's advice to the President on the appointment of Dr Camilleri as judge, and following the President's nomination of Dr Camilleri as judge, the commission no longer has a function to fulfil with regard to an appointment which has already been made."

Two days later, Dr Camilleri wrote to Prof. de Marco announcing his decision.

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