Court judgments and judicial wisdom

Some weeks ago, Marse-Ann Farrugia, Secretary to the Chief Justice, wrote a long piece to defend the way criminal justice is administered in court. She was very strong in her reaction to the opinions expressed by readers.

I am one of the many who were not convinced by Dr Farrugia's article. Recent judgments confirm my mistrust of so-called judicial wisdom.

The Times (June 5) reported that Magistrate Anthony Vella "ruled that although (the accused's) fingerprints were found on a plastic bag used to cover the stolen paintings, this circumstantial evidence was not sufficient to convict a man". This was the case of Judge Giovanni Bonello's art collection (which includes a Caravaggio).

The Times (June 7) reported that Magistrate Doreen Clarke "ruled that, although the evidence was circumstantial, it was sufficient to convince her that (the accused) had damaged the car". In this case, the "circumstantial evidence" consisted of "shoe prints found on the damaged car (which) matched (the accused's)."

I cannot understand. Magistrate Vella does not consider fingerprints sufficient to convict a man, but Magistrate Clarke considers shoe prints sufficient to convict a man! Could some legal luminary explain to us mere mortals the subtle legal difference between a fingerprint and a shoe print? Why does a shoe print constitute "the level of proof requested by the law", whereas fingerprints do not? Isn't the law the same for every citizen of the land? To me, a layman, this is all so very confusing.

I ask again: How are magistrates chosen? Is there a preparatory course for magistrates, such as there is in Italy? In Italy, a magistrate is appointed only upon passing an exam. How are magistrates appointed in Malta? How is justice being administered? Depending on the idiosyncrasies of the magistrate?

As a layman, I would tend to view Magistrate Clarke's opinion as being more consonant with justice. I am sure that had the other case been decided by her, she would have convicted the accused. On the other hand, Magistrate Vella's position seems to be very difficult to share.