Waylon Johnston
Judiciary 'may take action'
Criminal Court decided 15,740 cases last year
In view of the persistent problems on the pension and remuneration of the members of the judiciary, the Chief Justice said yesterday he would not be surprised if the Association of Judges and Magistrates took action if the situation persists.
He did not elaborate.
Chief Justice Vincent De Gaetano, who was speaking at the opening of the Forensic Year, echoed the arguments that had just been made by Andrew Borg Cardona, president of the Chamber of Advocates.
Dr Borg Cardona said he marvelled at how people were still accepting appointments to the Bench, given the way the state and society eroded the respect due to judges and magistrates.
The remuneration and pension given to judges and magistrates did not match their commitment, responsibilities, qualities and integrity. The Bench was also not being treated with the dignity it deserved, he added.
There was an unusually healthy turnout by the magistrates for the ceremony: 11 magistrates in contrast with last year's six.
The Chief Justice said he had already spoken about the salaries and pension problem in 2007 and, yet, the problem remained.
He called on the government and the opposition to reconsider his proposal for the retirement age of judges to be raised from 65 to 68 and paid tribute to three judges who will be retiring soon. Mr Justice Joseph David Camilleri and Mr Justice Joseph Galea Debono will be leaving this year and Mr Justice Philip Sciberras is due to retire in 2010.
The Chief Justice said all three retiring judges could continue to give a valid contribution to the administration of justice but Malta's mandatory retirement age was too low when compared to that in the rest of the EU.
He said he did not think the office of Chief Justice should be filled by someone who was over 65. Anyone who reached retirement age while holding that office should return to the substantive post of judge until turning 68 if s/he so wished, he added.
The Chief Justice referred to Mr Justice Michael Mallia, who was sworn in as judge earlier this week, thanking him for his loyalty to the judiciary when he served as magistrate and describing him as a very hard worker. He also congratulated the two new magistrates - lawyers Claire Stafrace Zammit and Gabriella Vella, also sworn in this week, saying their appointment made him feel old because he could remember teaching them.
He said judges very often had to work with a lack of staff. There were only four legal aid lawyers and one part-time children's advocate and he called on the situation to be rectified.
Last year, 4,575 new district cases were filed and 4,501 were decided. Many of the cases were in the Paola, Ħamrun and St Julians districts.
The Criminal Court decided 15,740.
Dr Borg Cardona said talks between the Justice Minister and the Chamber of Advocates on the drafting of a new law regulating the legal profession in a way which a 21st century European country deserved were in an advanced stage.
Substantial progress had been made and a Bill should be announced in the coming months, he said.
The media criticised the Bench and allowed everyone to do the same, as if everyone was as learned as the judges, he added.
The Executive and Parliament needed to give a clear signal that the Bench was special.
There could be nothing but agreement on the material and real respect the judiciary should command, Dr Borg Cardona said.
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j micallef
Oct 2nd 2009, 23:42
How can I as an aggrieved citizen be expected to respect the judicial system when a civil case I am unfortunately associated with has been dragging on and on for the past 12 years - and this because there is absolutely no discipline on lawyers, witnesses and court experts who simply and repeatedly fail to turn up for scheduled sessions for one reason or another, and this without ever being held accountable for their negligence, derelection of duty and an absolute lack of respect towards plaintiffs and respondents! Our judiciary seems to accept this situation as inevitable, even though it drags the citizen seeking justice or defending his integrity, through immense hardship and untold frustration. Respect can only be earned when we are able to see serious attempts and actions aimed at curbing the way the citizen is abused and manipulated as if his feelings and dignity do not count when faced by the judicial machinery that seems to operate under its own untouchable ways and traditions. Respect the citizen, and the citizen will respect you back, but otherwise........
MBORG
Oct 2nd 2009, 21:00
The Chief Justice has my full respect.
Once the the president of the Chamber of Advocates is sgreeing to an increase in pension for the judiciary , can he also ask the Government to look into our pension ?
We are not living in 1984 , however it seems that where we pensioners are concerned the Government thinks that everything is the same as it was in 1984. It is only lately that we are getting the whole cost of living increase. They also seem to think that we buy from special shops . Shops that kept the same prices they has way back half a century ago.
Prices have increased hundred fold since 1984, not so our pension.
c. camilleri
Oct 2nd 2009, 19:25
@ Dr. Borg Cardona. Both respect and disrespect are earned.
alfred zammit
Oct 2nd 2009, 19:23
Dr.Borg Cardona,you are making an issue for your members to have an increase in pension.Do you know what your members have been doing to MidMed/HSBC STAFF re their rightful pensions? defending the bank and at the same time accept being court specialists in the same pension case.You want to defend these people?
alfred zammit
Oct 2nd 2009, 19:09
The Judges are protesting and threatining action because of their pension.What about the decision taken against the Bank employees who were nicked from their pension.The appeals board made up of 3 judges did not see anything wrong with the court expert being a Midmed/HSBC client who got numerious jobs done for HSBC. You deprived us from our pension and expect us to pity you.We earned peanuts compared to you.Dr.Borg Cardona.
Frans H Said
Oct 2nd 2009, 17:27
@Mark Borg Whoever gave you the idea that we have a good operational court and laws. You must be kidding. Still the govt must tackle the bull by the horns. I remember at least 5 or 6 ministers of justice promising to do something but in fact issue loopsided statistics that prove nothing. The proof of the pudding is in the eating. Get rid of all cases pending for more that 5 years. After all this is as per the various conventions of human rights. Somebody is to blame for these unjustified delays. Let them talk, or better still discuss in public why we are in such a pity stance when many people feel disillusioned.
c. camilleri
Oct 2nd 2009, 16:34
Perhaps they go 'on go slow strike' ha. Why did the Chief Justice fail to tell us why court cases take yrs to come to an end with months interval between each court meeting? Instead of hiding their faces in shame they have the cheek to threaten strike action. Who else now.?
Anthony Falzon
Oct 2nd 2009, 16:20
Respect????? Do they believe that respect is something you buy from a grocery shop?We all know the sentences the courts are metting out. Give us a break.
Paul Barrett
Oct 2nd 2009, 14:12
"In view of the persistent problems on the pension and remuneration of the members of the judiciary, the Chief Justice said yesterday he would not be surprised if the Association of Judges and Magistrates took action if the situation persists." Another Suspended Sentence perhaps.
Franco Farrugia
Oct 2nd 2009, 13:38
It is indeed a pity that the reporter did not make any reference to the common trait that emanated from the online comments of yesterday's report on what the Chamber President said in his speech. There was a lot of food for thought about what the public in general thinks of why the Judiciary lacks the respect it thinks it deserves.
MBorg
Oct 2nd 2009, 12:50
Give them a higher pension by all means, but what about other pensioners ? The pension has been pegged to the 1984 salary of the President of the Republic. A long time has passed since then, a quarter of a century to be exact ! A lot of pensioners paid very high National Insurance contributions for many years only to receive a pittance of a pension. The MP's pension should be lowered to get in line with lesser mortals.
Mark Cushcieri
Oct 2nd 2009, 11:49
what kind of action? a strike ? haha ajma hej jirrangawna nispiccaw bla qorti u bla ligi
Raymond Portelli
Oct 2nd 2009, 11:32
"The remuneration and pension given to judges and magistrates did not match their commitment, responsibilities, qualities and integrity."
The same integrity displayed by the previous Chief Justice?
Some people really do suffer from memory loss. Beggar's belief
J. Mercieca
Oct 2nd 2009, 10:46
Can someone inform us common workers the salary and all benefits that judges and magistrates get? If the remuneration is not that good, how come it is being requested that retirment age goes up to 68 for them???
J Farrugia
Oct 2nd 2009, 10:29
What action are these guys in black contemplating? As for respect... it has to be earned since it is still lacking. a former chief justice and a high ranking justice both of them accused of corruption and only one of them has till now been condemned by his counterparts. What respect can the people have of these magistrates and judges when they see petty punishments being meted out in serious cases of corruption and other serious crimes. There are a few who have our respect for being honest and upright but as for the rest......... Better get the work done than shouting for respect and protests. The man in the street doesn't have the salary these man in black have and they have to live their lives in misery. So why should these judges and magistrates be any different in our Republic based on work? They have a better pension than the workers.