Members of the judiciary are questioning the government’s commitment towards reforming the way new members of the judiciary are appointed.Photo: Chris Sant FournierMembers of the judiciary are questioning the government’s commitment towards reforming the way new members of the judiciary are appointed.Photo: Chris Sant Fournier

Members of the judiciary, lawyers, former judges and politicians are questioning the government’s commitment towards reforming the way new members of the judiciary are appointed.

Justice Minister Owen Bonnici is being asked to put his words into action after Saturday’s latest appointments, which include the unprecedented appointment of a sitting politician – deputy Labour mayor Monica Vella – to the bench.

Chamber of Advocates president George Hyzler pointed out that the government was on record saying it agreed with a new system on the appointment of members of the judiciary.

“However, the minister keeps appointing members with the old system. We believe that the time has come to implement the reform and not keep postponing,” he said.

In a rare statement issued immediately after the announcement of four new members of the judiciary, the chamber questioned the government’s commitment.

It made it clear it was “not the articulation of words of support”, which set the benchmark against which the government’s commitment to reform the justice system would be measured.

According to retired Judge Frank Camilleri, what was happening was not acceptable.

“What is all this hurry to appoint members of the judiciary when the minister has said he wants to reform the way appointments are made,” he asked.

“The Bonello Commission finished its work at the end of 2013. Why were his recommendations not implemented,” the former judge said.

Ex-European Court of Human Rights judge Giovanni Bonello.Ex-European Court of Human Rights judge Giovanni Bonello.

The author of the reform blueprint, former European Court of Human Rights Judge Giovanni Bonello, did not wish to pass judgement on the recent appointments, which include two former Labour officials to the bench.

“Don’t the appointments speak for themselves?” he asked. “The background of these people is public knowledge, at least some of them,” he remarked.

Asked whether he felt the government had the political will to implement the reforms, Dr Bonello said: “I must assume there is commitment, but I don’t speculate. What I can say is that we presented our report in November 2013. I understand some reforms have been implemented and I hope more will follow.”

The recent appointments – some of them controversial – have once again fuelled criticism that the government is appointing those who are politically close to Labour.

Since Labour was returned to power, Dr Bonnici has made 10 nominations to the bench (see table). Half are former or sitting Labour officials, while the majority of the remaining appointments are closely connected to Labour or its officials.

Asked for a reaction, PN justice spokesman Jason Azzopardi said despite Dr Bonnici’s “sweet-talk” he did not practice what he preached.

“We [the PN] cannot understand what is keeping him from introducing a new appointment system for the judiciary, which he declared he supported. We’ve already told him we support him, so what is he waiting for,” Dr Azzopardi asked.

Referring to Dr Bonnici’s comment that he wanted to implement all the Bonello Commission reforms in a holistic Bill, Dr Azzopardi said this was “the latest excuse” to justify more appointments.

“The minster has to understand he cannot fool people all the time.”

Asked to say if felt he should stop making appointments before introducing the reform, Dr Bonnici yesterday reiterated that he “intends to act expeditiously, and as much as possible, through broad agreement with the stakeholders”.

At the same time, he said it was important to fill vacancies on the bench immediately to avoid a backlog.

Reacting to accusations that several of his appointments were Labour-leaning personalities, Dr Bonnici said: “History shows that those who joined the judiciary after occupying political posts at the time of their career always rose to the challenge of serving justice impartially and fairly.”

He said the government had no doubt this would be true of all appointments made during this administration, independently of a person’s political beliefs.

Nominations

Judges:
• Antonio Mizzi, husband of Labour MEP Marlene Mizzi
• Edwina Grima
• Wenzu Mintoff, former Labour MP, Kullhadd editor
• Giovanni Grixti
• Miriam Hayman

Magistrates:
• Aaron Bugeja
• Charmaine Galea, former lawyer with PL deputy leader
• Joanna Vella Cuschieri, former Labour party candidate
• Joe Mifsud, former Labour international secretary
• Miriam Vella, sitting Labour deputy mayor of Xewkija

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