Women only started serving as jurors in 1972, more than a century after trial by jury was introduced in Malta.
Although it was a Labour administration that lifted the ban, the reasons behind it were spelt out in a Cabinet memorandum by Nationalist justice minister Tommaso Caruana Demajo in 1965. This forms part of the Cabinet papers released by the government and found at the National Archives.
Dr Caruana Demajo had urged ministers to consider allowing women, married or not, to join the jury service on a voluntary basis.
In the past, woman has been, if not man’s slave, at least his subservient mate, a thoroughly domesticated, child-bearing drudge
His recommendation was never taken up by the Borg Olivier administration but the memorandum gave a glimpse of how women were perceived at the time.
Dr Caruana Demajo’s historical outlook on female emancipation used some very crude descriptions.
“Although at certain periods of history, in certain places, women – or, rather, some women – have achieved something approaching equality with men, it remains generally true that, in the past, woman has been, if not man’s slave, at least his subservient mate, a thoroughly domesticated, child-bearing drudge.”
The minister argued that women were now doctors and lawyers, teachers, business chiefs, MPs and diplomats and believed the time had come for them to be “styled jurywomen”.
He insisted that once women were participating in all spheres of life they should not be excluded from representing society when it judged those who would have transgressed.
“It appears to me that the female outlook may, in certain circumstances, throw its lot to make the deliberation more sober and perhaps even more objective,” Dr Caruana Demajo said.
But the memorandum shows that female emancipation still had a long walk to reach fulfilment.
The minister suggested married women wishing to serve as jurors should make an application to the court “thereby necessitating the intervention and assistance of her husband”.
He also said the exclusion of female jurors from trials involving corruption of minors and sex offences could be considered.
If Cabinet acquiesced to the recommendation, Dr Caruana Demajo said it would have to probe the necessity of appointing women court ushers to accompany female jurors when the trial was longer than a day and the jury would have to sleep in.
His recommendation was eventually taken up in 1972 when a Labour government passed legislation making it possible for women to form part of a jury.
However, emancipation was half-baked because women, unlike men, needed to apply to be considered for jury service.
The distinction was eventually lifted in 1994 when men and women were put on an equal footing.