Sharp drop in number of pending court cases

The number of pending court cases dropped by a quarter between 2004 and 2007, according to figures released by the Justice Ministry.

The pending caseload at the end of 2003 was 14,348 and this has now gone down to 10,869 (August figures). The pending caseload had already dropped by 17 per cent between 1999 and 2003.

There were 44,679 cases introduced between 2000 and 2007, while 50,178 were decided. Although the raw number decided each year has diminished, this is merely due to the fact that simpler cases have been granted a faster and simpler procedure or assigned to tribunals, while those actually decided upon really needed a Court judgment.

Parliamentary Secretary Carmelo Mifsud Bonnici explained: "The judiciary can now concentrate on what are its essential tasks, while a number of cases that do not require input from the judiciary are no longer being dealt with by the courts. This is a net gain in the better use of human resource and in efficiency."

Not all the trends are positive, however. The waiting list of trials by jury is still growing notwithstanding the briskness of presiding judges and needs to be studied. The success of police investigations has resulted in an increase in the compilations handled by the Courts of Magistrates.

"Some procedures have had to be tightened up. For example, the Attorney General's office now has six weeks in which to decide on what should happen. But we need to see what else can be done to diminish the number of pending cases."

The figures reflect other changes. For example, since 2006 magisterial inquiries are no longer required for cases involving the theft of water and electricity, reducing the caseload by several hundred.

"We have also made it possible for interested parties to make interventions so as to expedite the conclusion of the inquiry. This is very important as the interests of justice need to be served but it is also necessary to have them served in the shortest time possible. To quote a recurring example: When property is involved, is it fair to have the owner deprived of his property for a long time while the inquiry, and possibly other following procedures, take their sluggish course?" he said.

The improvement in statistics is not the only matter that the Parliamentary Secretary was pleased about. He had also listened with attention to the speech made recently by Chief Justice Vincent De Gaetano on the occasion of the opening of the Forensic Year, during which he said: "Over the past years, we reached a number of milestones which create a better institutional relationship between the executive and the judiciary, rather than one that depended on the goodwill of particular individuals."

The Chief Justice and the Parliamentary Secretary have also agreed to disagree on other points.

The fact that the Chief Justice identified delays as a priority was a "very important statement", Dr Mifsud Bonnici said.

"It shows his personal determination to attack the root causes of the delays. And he was full of praise for the progress already made by the court staff."

The Chief Justice has now been given much more power to take certain decisions, without requiring any intervention by the executive, an important part of the judiciary's autonomy. He can also transfer cases and appoint surrogate judges and the board that oversees the administration of cases - the so-called "Rule-Making Board" - over which the Chief Justice presides, has been given powers that previously lay in the hands of the minister.

"All in all, the system according to which cases are allocated to chambers and appointed for hearing will be completely left to the judiciary," Dr Mifsud Bonnici said.

"It has also been agreed - and has actually been the practice - that the management of the overseas commitments and visits by members of the Judiciary is to be left to the Chief Justice."

Dr De Gaetano and Dr Mifsud Bonnici still disagree over the system whereby judges and magistrates are appointed, with the former repeatedly suggesting a Judicial Appointments Board.

Though there is much more to be done at the courts of law, Dr Mifsud Bonnici expressed his moderate satisfaction at the results which have been highlighted: a reduction of 25 per cent in the pending caseload, a marked improvement in the court administration and a strengthening of the country's democratic institutions.