Few people would disagree that delays are a problem that is endemic in all legal systems. However, some countries seem to be more determined to resolving this issue than others.
According to an EU justice scoreboard, delays in Malta’s law courts got worse instead of better in 2013. While, in 2012, it took an average of 707 working days to resolve civil, commercial and other cases, the wait got longer by 83 days in 2013. In Denmark, it takes just 18 days on average for cases to come to a conclusion. Put simply, our justice system has quite a large time and credibility gap to fill if it is to earn the full respect of the public.
Increased awareness of one’s rights, rising educational levels, a pressing need to improve business efficiency to resolve trade disputes and more legal representation by the ever-increasing battery of lawyers has resulted in citizens seeking redress at the courts.
The saying justice delayed is justice denied must ring in the ears of all those who, for some reason or other, have a say in how justice is administered in this country.
Justice Minister Owen Bonnici sounded optimistic when he promised a “huge justice reform Bill due by end of the month”. When asked whether the proposed legislation, which is based on recommendations contained in a 450-point document drafted last year by retired European Court of Human Rights judge Giovanni Bonello, was the answer to all our problems, Dr Bonnici diplomatically remarked that “it will be the best shot we’ve ever given it”.
The minister was arguably being simplistic when he attributed the delays encountered in 2013 to the retirement of a judge “who used to handle an incredible work load”. It would be difficult to accept that such delays as experienced in our law courts can be attributed to what one judge does or fails to do. Other actors, like prosecutors, lawyers, investigators and court-appointed experts, have an impact too.
Many observers of the legal system argue that court delays are a matter of logistics, training, resources, procedural efficacy and the overall legal framework of dispensing justice.
We, therefore, have to wait to see whether the promised “huge” justice reform Bill will address these important issues effectively.
Delays in courts are fundamentally an issue that must first be addressed by the professionals who run the various arms of the judicial system.
The best written justice reform Bill will only be a fine document that can be admired by legal practitioners if it is not accompanied by a business plan to implement the reforms that are needed in the management of the justice system.
The legal profession is one of the most conservative professions around. Yet, to improve the services the courts are expected to give those seeking redress, lawyers and judges need to adopt a mindset that ranks effectiveness in delivering justice at the highest level of their priorities. One of the characteristics of effectiveness is avoidance of unnecessary delays, which should not mean undue haste, either.
Excessive delays hinder the proper administration of justice. By the time a case is finally decided, the parties would have expended considerable time, effort and money, which may be disproportionate to the benefits of litigation. Worse, delays fuels frustration that weakens the people’s trust in the judicial system.
Hopefully, those waiting to see how this justice reform Bill will improve our court system will not be waiting for Godot – waiting for a long time for something that never happens.