Court backlog under scrutiny
The Bench: International experts are carrying out an audit of the workings of the law courts to recommend ways of tackling the heavy backlog. Photo: Matthew Mirabelli
Court efficiency experts from the Council of Europe have urged the Justice Minister to identify the “real reason” behind the ever-growing backlog of cases.
Jacques Buhler, from the Council of Europe’s Commission for the Efficiency of Justice, told Carm Mifsud Bonnici earlier this week to look into the court’s organisation and case management.
Mr Buhler also pointed out that, rather than increasing permanent resources to deal with a backlog, the government could start a project to temporarily boost resources to reduce the backlog.
In 2008, Malta had asked the Council of Europe to carry out an independent audit of the workings at the law courts. The request was accepted a year later.
“It’s now time to start coming to a conclusion,” Dr Mifsud Bonnici told Mr Buhler and his team, after thanking them for agreeing to carry out the audit despite never having received similar requests before.
Mr Buhler said his team was analysing court statistics, with particular emphasis on the rate of incoming cases, the rate of decided cases and the average time taken for a case to be concluded. Lawyers and members of the judiciary are being consulted.
“If the number of incoming cases is doubling, it is not simply a question of doubling the resources. We have to study the real reason for the problem,” he said.
The ministry said that the recommendations, together with further consultations, will be included in a detailed document outlining the way forward.
Nationalist MP Franco Debono has presented a private motion outlining 22 areas which, he says, have been neglected in the area of justice and home affairs.
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Joe Grech
Nov 24th 2011, 15:02
I know of a case wherein the accused, though formally apprehended through a Tahrika by the Police DID NOT come to court not once or twice but FOUR times - without providing a medical certificate of course. Witnesses lost a day's work because of the abuse. And the judge did not slam the accused with a fine of any sort! Some of our court halls are anything but serious! There's bedlam out there!
R Slater
Nov 24th 2011, 14:22
After 2yrs in family court, i was finally asked in a sitting...'what do you want from this case'...I quietly replied 'A judgement?'...laugh I nearly did...but then I was told...next session in january then....then i cried
Arthur Mortimer
Nov 24th 2011, 11:38
I know it may seem a short space of time to some people but we have been waiting 4 years for an attempted murder case of my nephew to come to court. It is an open and shut case and the defendents have admitted their part in the shooting and still we are no nearer to getting justice. The police have all the evidence they need and still we wait. Maybe we don't have enough money to get to the top of the list.
Carmel Grima
Nov 24th 2011, 10:24
Mr. Buhler int studjajt il-kawzi ingusti li hemm fil-ligijiet ta' Malta bhall-kawza tal-halliel, coe' l-ispoll li taghti dritt lil halliel jidhol fi hwejjgek u ma tistax tkeccieh; lill-bidwi jizra bil-mohbi fl-ghalqa tieghek li tkun traskurajt ghal xi xhur u jekk taqlaghlu imqar pjanta wahda biss jaghmillek kawza ta' spoll;lil squatter li dahallek f-xi post, garage, jew kamra f'ghalqa u jekk tkeccieh jaghmillek kawza ta' spoll li trid flus biex tikkawtela b'avukat u jtul hafna, forsi anke 5 snin u twaqqaflek kull investiment jew zara li ma tistax tkompli ghal tul l-ispoll u li jkollok timla bwiet il-halliel bil-flus biex forsi xi darba tehles u tkompli tibni? Dawn urewhomlu lil Mr Buhler u l-Ministeru ma stahax b'dawn l-injustizzji. Anke is-sekwestri bl-ghaddocc li jinhargu mill-qrati ta' Malta u jaghati pjacir lil kollegi tieghu, tal-ministru ghax kieku jirranga fuq l-ispoll u s-sekwestri.
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