Chief Justice insists on correct social behaviour by judiciary
‘A bad worker blames his tools’
The administration of justice did not only depend on the way proceedings were conducted in the courtroom but also on how judges and magistrates behaved socially, the new Chief Justice Silvio Camilleri said in his inaugural speech yesterday.
The comment echoed a similar observation made by outgoing Chief Justice Vincent DeGaetano earlier this year.
When making a point on the responsibility which bears on the shoulders of each member of the judiciary, Dr Camilleri said the judiciary should be accountable for its behaviour. “Not only with regard to judicial proceedings but also in respect to behaviour in public and social life,” he said.
The security of tenure afforded to the judiciary by the Constitution was not a privilege given to them but a benefit granted to the people as an assurance that justice was being done, he said.
“This is why the independence of the judiciary is not independence from ethical rules and proper behaviour intended to distance the judiciary from any perception of wrongdoing and lack of impartiality.
“Independence does not mean you do what you want, you go to work when you want and excuse yourself without letting anyone know. That is not independence; that is a devaluation of the value of independence”.
At this juncture, he touched upon another raw nerve, the Commission for the Administration of Justice, which, he said, had been set up precisely to guard against a deviation from such rules.
“This is a constitutional body and, therefore, its competence should be respected and its direction observed, even if one does not agree with them. Just as members of the judiciary... have every right to expect that their decisions are followed and respected...” he said.
Throughout his address, which also marked the opening of the forensic year, the Chief Justice honed in on delays at the courts, making a critical review of the judiciary, drawing on his experience on the other side of the legal fence, as Attorney General, an office he relinquished on September 9.
“We must stop blaming delays on everyone and everything except ourselves. We must stop using the system as an alibi to exonerate ourselves from our guilt. A bad workman blames his tools: a cliché but a true one. We must stop and reflect to see if we are doing something wrong,” he said.
Judges and magistrates must examine how many times they put off a case without a valid reason or how many times they did not show up for a hearing without letting anyone know, with all the inconvenience this causes everyone.
Dr Camilleri also raised some positive points, stressing there were a lot of success stories emanating from the law courts. He mentioned in this respect Judge Phillip Sciberras who, after an exemplary career, retired from office with a settled caseload.
The Chief Justice paid tribute to President Emeritus Guido de Marco, who passed away on August 12, describing him as one of Malta’s most brilliant luminaries in the legal profession.
The ceremony was also address ed by the president of the Chamber of Advocates, Andrew Borg Cardona.