This has been the worst week for the judiciary since those dark days in August 2002 when the then Chief Justice together with another judge were charged, and subsequently convicted, of accepting a bribe in return for reducing a sentence.
With the appointment of a Chief Justice of supreme integrity, Vincent DeGaetano, followed by Silvio Camilleri, and with the passage of time, the bridge to the restoration of faith in one of Malta’s institutions appeared to be heading towards completeness. Events in recent days have brought that crashing down once again.
The issue concerning Mr Justice Lino Farrugia Sacco cannot be compared in substance with the 2002 scandal. However, one of the lessons that were learnt from that bribery case was that for judges not to risk being compromised they should not have anything to do with sporting organisations.
The Commission for the Administration of Justice had, in a rare move, actually directed Mr Justice Farrugia Sacco to give up his post as president of the Malta Olympic Committee while he was a serving judge. The judge, however, flatly ignored the instruction and carried on as usual.
When the Prime Minister called on him to step down in light of the International Olympic Committee’s findings, he brushed this off by saying that the Prime Minister was “trying to be funny”.
Moreover, when the Ombudsman called for his suspension, he promptly filed a criminal libel suit. All this is anything but funny. It is, in fact, of the utmost seriousness.
There is one fact that cannot be denied: and that is if Mr Justice Farrugia Sacco was not president of the MOC he would not have formed part of the sting operation by The Sunday Times of London. This is no laughing matter either.
As if this were not bad enough for the public perception on the judiciary, it was hit by a more deadly lightning bolt on Wednesday as news broke that Mr Justice Ray Pace had been arrested in connection with bribery allegations directly related to his work as a judge.
In a scene all-too-reminiscent of the courtroom episode in 2002, particularly with the police saying they are in possession of recorded phone conversations and video footage, he was yesterday charged in court.
He has denied the charges and this case will take its course. However, irrespective of the outcome of the case, this is a dagger that has split the main artery of the judiciary’s heart.
The only way the bleeding can be stemmed is for a comprehensive inquiry into the state of the judiciary to be commissioned by the Government. There are few people who have the calibre, gravitas and respect to undertake such a task – but there is no doubt that Giovanni Bonello is one of them. He has the added advantage of being a little more detached from the judicial scene in this country.
Such an inquiry would need to look at, among other things, how judges are appointed, whether they are paid adequately (they are not and we fail to realise this to our detriment), the pressures they face, the professional development opportunities that are open to them, how cases can be dealt with more efficiently, whether the Chief Justice is sufficiently empowered and also whether the Commission for the Administration of Justice – which is already on life support – can be either reformed or else abolished.
There is no perfect justice system. But the one we have in place has now suffered too many blows. It will take time to put that right but the commitment must be made now.