Two lawyers with close links to the Labour government were the first to apply to become judges under a new appointment system a leading law expert described as putting banana republics to shame.
They are Toni Abela, until recently Labour’s deputy leader, and Grazio Mercieca, a former consultant to the Gozo Ministry.
The Sunday Times of Malta is informed that soon after Parliament approved amendments to the way judges and magistrates are appointed with the support of the Opposition, the two both wrote to the new Judicial Appointments Committee to express their interest in becoming judges.
Earlier this year, Dr Abela failed to win the European Parliament’s approval for his nomination to become a member of the European Court of Auditors. He had, by that time, already relinquished his post as deputy leader and closed his busy legal office.
“It’s a good exit for him,” one seasoned lawyer said yesterday about the prospect of Dr Abela becoming a judge.
A retired judge, however, views the impending appointment as “another setback to the reputation of the judiciary” due to the political baggage Dr Abela carries, as well as the way he has on occasion behaved in court.
Making Toni Abela a judge is not the best signal
“Making him a judge will not send the best signal,” the retired judge said.
On the bench Toni Abela will rejoin his friend and former political colleague Wenzu Mintoff. Abela and Mintoff had been thrown out of the Labour Party in the 1980s when they protested over perceived inaction in the face of corruption when the party, then in government, was led by Karmenu Mifsud Bonnici. They helped set up Alternattiva Demokratika but later returned to the Labour fold.
Gozitan lawyer Grazio Mercieca, 59, a close consultant of Gozo Minister Anton Refalo, is also set to make it to the bench.
Soon after Labour returned to power in 2013, Dr Mercieca was given a full-time government position with a financial package of over €48,000.
He resigned from the post last year to become a court attorney, who assists a judge in his work.
According to the police, it was Dr Mercieca who suggested that a contractor turn whistleblower in the case against Anthony Debono, the husband of former Gozo minister Giovanna Debono. Mr Debono has been charged with using public funds to carry out private works during his wife’s tenure in the previous administration.
Justice Minister Owen Bonnici has described the amendments to the Constitution on the way the government appoints members of the judiciary as “historic”. However, some senior lawyers have described them as “cosmetic”, criticising the Opposition for giving them the nod.
For the first time, advocates aspiring to become judges or magistrates must go through an evaluation process.
However, the Prime Minister is not bound to follow the advice of the Judicial Appointments Committee and can appoint an applicant even if he or she has failed the process.
“The amendments are a historic mess never seen before in the annals of Maltese Constitution lawmaking,” said Kevin Aquilina, Dean of the Faculty of Laws at the University of Malta.
“It makes banana republics shame themselves for not having adopted the new Maltese method of judicial appointment procedure themselves,” said Prof. Aquilina.
The committee does not have the remit to issue a call for applicants or to rank candidates, while the Prime Minister can still nominate someone to the bench who is not found to be suitable.
“The committee only has to sit on the fence until a person writes to it seeking clearance that his or her expression of interest satisfies the criteria proposed by it and approved by the Justice Minster,” Prof Aquilina said.
“That the committee is powerless is indicated by the fact that even its own criteria for judicial appointments require ministerial approval,” he said.
ivan.camilleri@timesofmalta.com