The biggest problem faced by the judiciary remains the fact that there are not enough judges and magistrates to cope with the increasing workload, Mr Justice Michael Mallia said today during his last sitting ahead of his retirement.
Speaking in a court room packed with his colleagues and relatives, he said it was disappointed with the outcome of a recent EU survey that gave a negative picture of the work being carried out by dedicated members of the judiciary in the civil and commercial fields.
Such surveys did not take into account that Malta had less judges per members of the population and the increasing work load.
When he became a lawyer, under the guidance of his father lawyer Paul Mallia, he learnt about the importance of cases not dragging on unnecessarily and, as a magistrate and judge, he ensured that he handed down judgments on time.
In fact, as he retired, there were not pending decisions. However, his successor would inherit 79 cases that had not reached judgment stage apart from new cases being filed.
He said the process of replacing retired judges took too long and did not allow for a seamless transmission. He understood that it might be hard to find people willing to take the job due to the high responsibility and salary package that had recently improved.
However, the pensions issue remained a problem. Suffice to say that a drug trafficker, whose assets were frozen, was allowed to withdraw money to cope with daily living. This amount was more than a judge’s pension.
It was positive to see this would be addressed in a new draft law that would also introduce disciplinary measures for members of the judiciary. Such measures were of no concern to him and any members doing their job well, he said, adding that “those who want to understand will understand.”
He then spoke at length about the treasured personal relationships he developed over the years with his staff and colleagues.
He recalled his “baptism of fire” when in 1987 he was presiding over a case of corrupt practices in Zejtun and his court room and office were set on fire. Thankfully, that day they were working from another court room.
“Shivers went down my spine when a policeman sneaked up to the bench and slipped a baton under my platform,” he said adding that he realised he would be left to his own devices.
As be made a personal mention of various members of staff he also mentioned Anna Midolo, who was based in the Criminal Courts, and who passed away suddenly last week.
He said she had great skills and knowledge but this was not recognised by the administration and she remained in the same grade of clerk.
As he reflected on his long career, that started with him becoming a magistrate in 1986 and a judge in 2009, he said he learnt a lot by serving in Malta and Gozo.
But there were also moments of “heartbreak and depression” when he was deprived of a promotion he was offered because of a decision that affected his personal life.
Since then things changes and hopefully, no one would suffer the type of discrimination that he suffered, he said. He thanked this daughter and son for their support adding that now he had two grandchildren with whom to open the new chapter of this life.