Magistrate Carol Peralta was absolutely wrong when he allowed a party to be held in his courtroom. Should he decide to hold such receptions, then he has every right to hold them in a hall attached to the Chamber of Advocates, within the court building itself.
The smell of alcohol and smoke was pronounced in the courtroom and three or four alcohol bottles, including an empty bottle of whisky, could be seen on the bench. Also, a laptop attached to the PA system piped Christmas music.
Times of Malta was tipped off about the party and assigned a journalist to investigate. He noticed the magistrate smoking and attempted to take a picture of the courtroom through a small window on the door using his phone. He was spotted and a person who identified himself as a court official restrained him. The magistrate also approached him and tried to take away the mobile phone.
Magistrate Peralta committed an even bigger mistake when he decided to take the matter further and ordered the police to arrest the journalist.
At that point, the matter was no longer one of making incorrect use of the courtroom and smoking in a public place but abuse of power.
It was an attack on the freedom of the press and a mockery of the people’s right to know, principles of law that Magistrate Peralta was in duty bound to uphold.
It was an admission by Magistrate Peralta that he was in the wrong and was desperately trying to cover his tracks.
No wonder Justice Parliamentary Secretary Owen Bonnici was fuming when informed about the incident. Even the Prime Minister expressed his disappointment at what happened.
The government was quick to condemn Magistrate Peralta’s behaviour, deeming it unacceptable and only serving to obscure the good work put in by the judiciary. More importantly, the government announced that the Commission for the Administration of Justice was asked to urgently look into the matter.
The most honourable avenue for Magistrate Peralta to follow is to step down.
A person with such a long experience in the judiciary, having been appointed magistrate in 1990, also serving as an international judge in Kosovo and having had his fair share of controversies, including allegations of being a freemason, which he denied, Magistrate Peralta should have known better.
Now that he has opted to behave the way he did, Magistrate Peralta must shoulder the consequences and pay for his the serious mistakes he committed.
If he does not resign with immediate effect, the Commission for the Administration of Justice must act fast, discuss the matter and recommend to the Prime Minister to move a motion in Parliament for the magistrate’s impeachment.
It is indeed perturbing that a magistrate can simply decide to organise a Christmas party in the courtroom. One can only hope that this was a one-off case.
It is just as disquieting that a magistrate can feel free to smoke openly in a public place in the presence of police officers. Law-abiding citizens can only wonder how this can happen in a country where the rule of law prevails.
The above should in no way be generalised because, as the government rightly pointed out in its statement, judges and magistrates do their utmost to serve society. It is, therefore, not only in the interest of society but also of the judiciary and, more so, the administration of justice that this sad episode is concluded as soon as possible. There is only acceptable way in which that can happen and that is for Magistrate Peralta to go immediately.