Faulty or towering judiciary? (1)

Andrew Borg Cardona's letter (Judicial System Works Well, June 26) is self-defeating. He expects the public to have trust in the judiciary, but then fails to tell us why. He is very dogmatic: "This is a system," he says, "which we, as professionals, consider to be one that works and works well, in the hands of a judiciary that deserves support." He is entitled to his views, of course, but a note of caution must be applied: Opinions have to be motivated. Otherwise they are just subjective views, not very dependable and verging on the unprofessional.

One obviously discards immediately the notion that Dr Borg Cardona could be trying to ingratiate himself with the judiciary. That is certainly not the man's style. Yet, if his intention was to convince the public that it has an obligation to trust magistrates ("the public should have [confidence] in our judicial system"), then he has failed abysmally in his self-appointed task.

Dr Borg Cardona seems to forget the axiom that justice must not only be done, but must be seen to be done. This axiom implies a very important onus on the judiciary - that of motivating its decisions.

Justice is a deep-rooted human need. The judiciary, which is that organ of the state entrusted with the administration of justice, is therefore burdened with the duty to explain to the public how it is carrying out its socially vital function. If the judiciary is perceived as being biased or as administering justice idiosyncratically, society will turn to other (extra-legal) methods to obtain justice, and satisfy this deep-seated psychological need.

For this simple reason, I still believe that some legal luminary should explain to the public at large why Magistrate Anthony Vella considers fingerprints not to be enough to convict the accused, whereas Magistrate Doreen Clarke considers shoe prints to be enough for a conviction! Perhaps as a professional member of society, Dr Borg Cardona would like to explain this fine legal point to us, amateur members of society.