Media “campaigns” were putting pressure on the judiciary to make certain decisions, Chief Justice Silvio Camilleri said yesterday.

He urged the media to stop and think whether such campaigns were serving the best interest of justice.

Speaking during the opening of the Forensic Year, Dr Camilleri said the free press, a fundamental element in a democratic society, had to work with an independent and impartial judiciary.

“If the courts take a decision that corresponds to what the media expect, they would give the impression they have given in to media pressure. On the other hand, if the courts take a decision that does not correspond with what is expected, accusations fly, some of them defamatory, that the courts are trying to oppose the media,” the Chief Justice said.

Speaking in the presence of Acting President Dolores Cristina, Justice Minister Owen Bonnici and Opposition spokesman Beppe Fenech Adami as well as members of the judiciary and lawyers, Dr Camilleri said in both eventualities, the impartiality of the judiciary would be undermined.

“I invite the members of the free press to examine whether seeing the administration of justice being undermined in public is desirable and in the public interest,” he said, adding this did not mean judges and magistrates could not be criticised for their decisions.

“If the judiciary is not under continuous scrutiny, its performance can suffer and would not strive to improve performance... However, criticism must be balanced and realistic,” he said as he complained about the lack of financial and human resources the justice system faced.

From left: Mr Justice Robert Mangion, Madame Justice Anna Felice, Mr Justice Antonio Mizzi and Mr Justice Wenzu Mintoff at the opening of the Forensic Year.From left: Mr Justice Robert Mangion, Madame Justice Anna Felice, Mr Justice Antonio Mizzi and Mr Justice Wenzu Mintoff at the opening of the Forensic Year.

‘Criticism must be balanced, realistic’

The Chief Justice also touched upon the legal reforms taking place, saying many of them had to be assessed to see what impact they would have on the workload of the judiciary. Specific law proposals regarding children and youths would mean more work for the Family Court. He called on policymakers to weigh the consequences before implementing such laws.

Chamber of Advocates president Reuben Balzan insisted that the government ought to take a back seat in judicial appointments. It should also shoulder responsibility for any “bad appointments”. He said the chamber had long been calling for greater transparency in judicial appointments.

“The time has come for the appointment of judges to be done in a transparent manner. Candidates must not only possess the necessary requisites that one would expect but their personal attributes must also be screened to ensure they are the most ideal for the post,” he said.

“Sometimes, I fear that the Executive does not realise the huge repercussions of a bad appointment. If a bad appointment is made, the country’s trust in the judiciary may be lost, something we cannot afford,” Dr Balzan said.

He insisted the government ought to first address court delays before ensuring that the law reform was a success. Dr Balzan called for a reform of the Commission for the Administration of Justice which, he said, could not function properly without resources.

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