Former Labour deputy leader Toni Abela

Former Labour deputy leader Toni Abela, having received the green light from the recently appointed Judicial Appointments Committee, is expected to become a judge on Monday, the Times of Malta has learnt.

Contacted yesterday, Dr Abela declined to comment. However, he did not deny it when the judge appointment was mentioned.

Nor did he deny it when asked whether he had approached individuals who filed libel suits against him during his stint as deputy leader and when he was editor of Labour’s weekly newspaper KullĦadd to reach an out-of-court settlement. Sources said he had been met with resistance by some.

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.

The government then nominated former environment minister Leo Brincat, who, although failing to secure the backing of the European Parliament, got the green light from the EU Council of Ministers.

Dr Abela was the first new member of the judiciary to be approved by the newly set up committee after changes in the way judges and magistrates are appointed. The amendments went through Parliament with the support of the Opposition.

He did not deny it when the judge appointment was mentioned

According to constitutional amendments approved by both sides of the House before the summer recess, the government has to seek the advice of the Judicial Appointments Committee when planning to appoint a magistrate or a judge. However, both the Prime Minister and the Justice Minster are empowered to ignore such advice, if they so wish, and move ahead with the appointment.

Another name currently being considered by the committee is Magistrate Consuelo Scerri Herrera, who is vying to be promoted to judge, the sources said.

It was Justice Minister Owen Bonnici who formally asked the Judicial Appointments Committee to give its advice on the intended promotion, they added.

The request came just months after the magistrate was rebuked for breaching the judiciary’s code of ethics.

Dr Scerri Herrera, the sister of Environment Minister José Herrera, has been serving as a magistrate since 1997.

The media reported in July that the Commission for the Administration of Justice had concluded a six-year investigation involving Dr Scerri Herrera and rebuked her for breaching the code of ethics.

The watchdog had not found any evidence of impropriety or favouritism by the magistrate in her work but concluded that her behaviour had compromised her integrity and personal dignity, thus casting doubts on the independence and integrity of her office.