Editorial

As outgoing Chief Justice Vincent De Gaetano leaves to assume his new post of judge on the European Court of Human Rights, he can look back on the past five years with satisfaction and forward with confidence that his contribution to the ECHR will be substantial.

His successor, former Attorney-General Silvio Camilleri, was sworn in as Chief Justice last Thursday and pledged to improve the efficiency of the law courts. In a nod in the direction of his fellow judges, he indicated he would not be taking any concrete decisions as to how to improve the efficiency of the law courts without arriving at a consensus.

He would do well to remember wise words uttered by Lord Campbell 160 years ago: “Consider what you think justice requires and decide accordingly. But never give your reasons; for your judgment will probably be right but your reasons will certainly be wrong.” So listen to his colleagues he may find it courteous to do, but it is he, finally, who must stamp his authority over the courts.

Having done his listening, the new Chief Justice cannot do better than forcefully impress upon his colleagues all the way down to the most junior magistrate what he expects under his leadership.

First, confirmation from each and every one of them that they will do nothing, say nothing, that can compromise their integrity and dignity as the guardians of justice.

Second, comprehension by each and every one of them that they bring to an end what amounts to the seemingly eternal postponement of cases.

Third, an acknowledgement from each and every one of them that, once a case starts, it will be seen through to its conclusion within a reasonable time. Ideally, he should stipulate a time, even if this is done in the form of internal guidelines.

Now it is said that how long a reasonable time ought to be is not defined by law but is left to the discretion of the judges. Yet, the duration of some cases is not only scandalous, it is unjust.

Perhaps Dr Camilleri will have the 40th clause of that political charter signed in 1215, the Magna Carta, hanging in every court room: ‘To no man will we sell, or deny, or delay, right or justice.”

In a letter written from a jail in Alabama nearly 70 years ago, Martin Luther King had remarked: “Injustice anywhere is a threat to justice everywhere.” Delay is an injustice just as much as when justice is not done.

Every person who takes on a new office regards this as an honour and a privilege. Dr Camilleri must also look upon it as a challenge, to burnish that office to such an extent that, once he leaves it, he can look back on his holding of it as an honour honoured. When Dr De Gaetano took over, the judiciary had been rocked by a scandal that could have dented the institution permanently. It is to his and his colleagues’ credit that this did not happen.

The approach of the new Attorney-General, Peter Grech, who also took his oath of office last week, was suitably confident. One trusts this confidence will translate into a more robust office sufficiently manned with highly qualified human resources and enough powers to bring about a greater functional efficiency. This office too has a bearing on justice being done.