Judiciary 'may take action'

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.