New judge points to high rate of decided cases by the judiciary
Call for improved security at the law courts
Madame Justice Jacqueline Padovani in her first sitting as a judge today highlighted the high rate of decided cases by the members of the judiciary.
Judge Padovani, who was the first woman to be appointed a magistrate 21 years ago, thanked all those people who supported her during her career including her family, friends, colleagues and teachers.
Recently, she said, the law courts and the judiciary had been criticised in the media. Freedom of expression was an important value, however, she said, this had to be based on truth and facts.
Some comments and articles led the public to unfairly believe that members of the judiciary were doing nothing and that the outcome of their judgements was wrong. However, facts proved otherwise.
In 2010 a total of 22,700 cases had been filed in court and 21,005 were decided. In 2011 22,000 were filed and 21,600 decided. This year, until March, 7,178 cases were filed and 7,400 decided – more than those filed.
This showed that judges and magistrates were striving to do their best, as was their duty.
However, Madame Justice Padovani said, this did not mean that there were no problems, including backlogs. But the will to work was there despite the lack of resources, halls and staff.
She went on to share a few thoughts on how the system could be improved.
The duty magistrate of the day should be assigned a clerk to handle the work that came in, such as inquiries; there should be a study on the system in which court documents were sent from the law courts to the AG's office. Documents were spending too much time at the AG with an average ratio of six weeks at the AG and four weeks in court.
She pointed out the lack of resources at the AG's office, adding that, ideally, there should be an AG lawyer in all halls where there were compilations of evidence going on.
Cases such as theft, where there was no violence, need not require a magisterial inquiry – this would free up funds to appoint more staff.
She said that every judge and magistrate should have a judicial assistant to help him/her.
Fines, especially for contraventions, should be revised with some no longer serving as a deterrent.
Even simple things, like installing a public address system at the law courts would save time between cases, she said.
Madame Justice Padovani said it was time to address the issue of security at the law courts, adding that the recent stabbing incident at the Gozo courts should not happen again. The Bench, she said, should put together proposals to ensure that all parties were protected while carrying out their duties.
She added that when recommendations were drawn up to improve the system, judges and magistrates ought to be consulted, as they had a lot to contribute.
During his address Reuben Balzan, president of the Chamber of Advocates, also spoke about the way the media criticised the judiciary saying that some reports were aimed at sensationalism.
While stressing that it was the media's right and role to draw attention to certain issues, one had to ensure that this did not give the unjustified impression that the judiciary was all to blame.
He again called on cooperation among all members of the judiciary to allocate time slots to cases.
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M Sciberras
Jun 13th 2012, 11:51
The figures quoted by the judge deserve to be analysed by an independent journalist as my strong suspicion is that the Magistrate is quoting very selectively. If there is a huge backlog at the start of the year and in the course of the year the number of closed cases is only 'slightly' smaller than the number of opened cases, than the backlog has actually increased at the end of the year. The references to the media also rattle my nerves - the media has every right to question the judiciary, never more so than in recent years, with the horrific cases of bribery still fresh in our minds. One does not just airbrush these facts out of the minds of the people with a speech by a newly appointed judge. The new Judge would clearly love a return to the old days when media scrutiny was not an issue and accountability was just a word. As she well knows, it is virtually impossible even today to fire a serving judge for incompetence such as running up a huge backlog. And we know that such judges exist, no matter what the new Judge says. Malta's judicial process needs urgent reforms, and the impression that the new Judge gives that delays and the long time to close cases are not an issue is extremely wrong. If the Judge has any doubts on this, all that is needed is a benchmarking exercise with other countries such as the UK.
Joe Grech
Jun 12th 2012, 23:24
@Madame Justice Padovani - thank you for ''highlighting the high rate of decided cases by the members of the judiciary.''
What I wish to ask is this:
Can a Judge refuse to allow one of the litigants to speak throughout the course of the hearing before him? Litigant has never spoken, never given any testimony.
Can a Judge refuse to accept two written Reports prepared by a litigant?
Can a Judge who has acting as explained above really decide a case especially when a question he has asked a lawyer shows how unfamiliar he is with the facts pertaining to the case under judgement?
What recourse is available to the litigant who feels that his treatment by such Judge is more reminiscent of the Middle Ages than Modern Judicial Behaviour?
Can such behaviour be reported to the Commission for the Administration of Justice?
Hopefully somebody will send in comments to this. I for one, am very frustrated by the goings on in at least two separate court halls.
George Farrugia
Jun 12th 2012, 21:25
Justice Padovani need only look to what her colleague - Magistrate Herrera said this morning - refer THE TIMES that out of 60 sittings, at least 42 sittings had to be postponed because either the defence or the prosecution did not show up. This is more than 2 out of every three sittings. And the case which started in 2002 was only decided today.
I ask who had the right to punish these NO SHOWS...but did not? When I had turned 30 minutes late for a minor court case, I was immediately fined, on the sport Euro 200. The defendant does not show up in the above case for 25 times and he is still running free.
It willl take action, and not words, to restore respect of the general public to our pseudo justice system.
Joe Grech
Jun 13th 2012, 14:53
Very well said. We are still living in the Middle Ages here in Malta.
I am getting to think that the supposed 'authorities' are happy with the situation because it suits them.
Incidentally what has happened to the Whistleblower Act?
Why has it still not seen the light? Could the P.M. inform people what's holding it up please?
Anthony Arpa
Jun 12th 2012, 18:11
Bejn il paroli u il fatti hemm bahar jikkumbatti .... Kaz li kellhi jien personalment quddiem din is Sinjura bhala Magistrata domt tiela u niezel il qorti 3 Snien u Nofs ... J-Alla li l-affarijiet xi darba jirrangaw.
Angelo Cassar
Jun 12th 2012, 18:09
What I cannot understand is why certain straight forward cases take such a long time to be decided, in particular those related to 'li-spoll' where a person takes over a residence without any authorisation by the owner, deposits rent at the Court and the registrar accepts it without verifying his/her claim.
Jay Oatmon
Jun 12th 2012, 17:26
Well done - here is someone who is prepared to speak of ways to improve the 'not fit for purpose' courts system.
Malta needs more women magistrates (and men) who are prepared to make a difference - rather than just turn up and 'muddle through' as usual.
We should remember that after the UK riots - courts were in operation around the clock to process the backlog of cases (Malta has different priorities, and inconvenience is not acceptable - it seems).
Carmel Grima
Jun 12th 2012, 16:23
Kif hadd ma jsemmi l-pettekolezzi antiki bhall-ispoll, coe' il-kawza tal-halliel, fejn il-qorti taghati d-dritt lill-halliel jiggieled biex izomm dak li seraq bhall-propjeta, ghalqa etc. u kif jinghataw is-sekwestri bla' ddocc. Kieku tafu kemm jonqsu l-kawzi l-qorti.
Maria Vassallo
Jun 12th 2012, 16:06
Well done, Madame Justice,
well said,
well suggested.
May God bless your pending work as judge.
And
Minister Emeritus Carm Mifsud Bonnici unjustly condemned by Parliament.
Ms.D. Galea
Jun 12th 2012, 15:48
How aboiut having some statistics RE the amout of decided cases of INDIVIDUAL judges?
Jay Oatmon
Jun 12th 2012, 17:29
An excellent idea - which no one will be prepared to accept because it would show those that were diligent and those who were not. Also it might impact their days off, and any private work they do.
Drocan Lubstuit
Jun 13th 2012, 07:49
And since we are at it, it is also interesting to learn of the statistics with respect to the average deferment rates and periods as well as the average time taken per member of the Judiciary to come to final judgement of case.
Hence this will need to be supported by the type of disciplinary actions taken (if any) by each member of the Judiciary against persons not showing up in court and hence sending the case into further deferment. Finally I would ask for a statistic with respect to the amount of cases which have been sub-judice, going back in time from to-date, at 5-year intervals.
Please choose the reason of your report below: