A successful reform of the justice system requires a change in cultures of conduct that nurture over years, according to Commonwealth consultant Nick Cowdery.
Prof. Cowdery said that the justice reform being carried out required a “systemic reform” that spanned investigations, the court case and punitive measures.
From what he saw during his three-day visit to Malta, he said, stakeholders in the justice system seemed to generally agree with the recommendations made by the Justice Reform Commission led by retired human rights court judge Giovanni Bonello.
So far, the Bonello Commission has published two documents for consultation. It is expected to publish its final report at the end of this month.
It is a great privilege to be engaging in discussions on the reform
Prof. Cowdery is a Commonwealth expert on procedural reforms to the legal system. He retired after serving for 16 years as Director of Public Prosecution in New South Wales, Australia.
During his stay in Malta he met stakeholders in the justice sector including the Attorney General, the Chief Justice, members of the judiciary, the Chamber of Advocates, members of the Justice Reform Commission and the Law Commissioner.
He also visited the law courts where he sat in for a court sitting that was held in English because the accused was a foreigner. Justice Parliamentary Secretary Owen Bonnici said that Prof. Cowdery had volunteered his services to Malta, a Commonwealth country. The Government had paid for his flight and accommodation.
Prof. Cowdery recently delivered a paper during a Commonwealth event held in London about tackling case backlogs in the context of tight financial constraints. Dr Bonnici attended the event.
“It is a great privilege to be engaging in discussions on the reform,” Prof. Cowdery said, adding that the London paper served as the basis for the discussions he had with the Maltese stakeholders.
He stressed that the document contained a wide range of researched proposals that were not tailor-made for Malta but were relevant to small Commonwealth jurisdictions.
The proposals are primarily directed at streamlining communication, shortening times for action and promoting more efficient and effective criminal justice processes while ensuring it remain just and fair.
Backlog reduction – some of Nick Cowdery’s proposals
• Establish legal aid fee structures that act as an incentive to “seek the most expeditious resolution of the matter”.
• Ensure there are structures to support witnesses, victims, children and other vulnerable people. This will also lead to quality evidence.
• Introduce charge negotiation between parties where they agree and enter guilty pleas – resulting in the need for fewer defended trials.
• Committal proceedings, known as the compilation of evidence, can be made shorter by handing over evidence in written form rather than have witnesses testify during this procedural stage.
• Setting of informal time standards by the courts to serve as guidance.