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'Make Presidential pardon details public'

The public should be told why Presidential pardons have been granted, Chief Justice Vincent De Gaetano tells The Sunday Times in an interview today.

Figures released by the Home Affairs Ministry last July show that 339 Presidential pardons were granted between 2003 and 2008 - a rate of more than one a week.

When asked what he thought of this figure, the Chief Justice said that Presidential pardons should only be used in exceptional cases. However, he says the failure to disclose the reasons behind them is what concerns him most since this means the system can be abused.

The Chief Justice also talks about the state of the judiciary, saying he is "fairly satisfied" with his team though he admits "there are a couple who I'm sure could do much better".

The Chief Justice says there is little point having a code of ethics for the judiciary if they do not abide by it completely, and that the government should look into the possibility of giving wider disciplinary powers to the Commission for the Administration of Justice. Although he refuses to talk about specific cases, he says that outside the court room, members of the judiciary should keep a low profile. "A lot of things that Tom, Dick and Harry can do - things that are perfectly legal - cannot be done by a member of the judiciary for the sole reason that it might cast suspicion or it might detract from the dignity of the office of a judge or magistrate."

The Chief Justice also says that magistrates are ordering uncecessary inquiries and appointing experts needlessly - which is a drain on public finances. "I don't think they're using their discretion well enough," he says.

He is also critical of the lack of enforcement of pecuniary fines, which are handled by the police. "These are piling up and many are not being executed in real time... Sentences must be enforced. If a person sentenced to imprisonment is immediately taken down, then why should the payment of fines always involve the registrar in charge of the criminal courts in this hassle to try and get the police to enforce it?" he says.

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