I recently received an e-mail from a 75-year-old man who, though burdened with cancer besides age, has been fighting a series of court cases for the past 14 years. His father had spent the last years of his life in an old people’s home. The son used to visit his father almost every day after office hours to offer him solace and a bit of filial companionship. But one of the other brothers never even bothered to phone, for his lucrative business was more important than his father. To make matters worse, whenever the father, in order to better his quality of life, wanted to sell any property that they jointly owned as heirs of the deceased mother, the businessman brother always objected.
The father died, leaving his businessman son the minimum reserved portion by law. He then proceeded to institute one case after another contesting the will, knowing very well that the court would never allow the division of the estate while there are on-going court cases connected to the division.
This businessman sometimes abandons such cases only to institute new ones. This was just part of his vindictive plan to prolong his brother’s suffering, often callously boasting that he was rich enough to do this as many times as he wanted, as it would not dent his wealth in any significant way. This latter-day Shylock is really after a pound of flesh he has no right to and which he does not need.
The latest court case has been going on for the past five years, even though a number of lawyers told the person who wrote to me that it was a straightforward frivolous case and should not have taken more than a few months.
This unfortunately is the sad fate of many people abused by ill-intentioned users of our so-called justice system. Worse still is another form of abuse, namely undue length of time, as this is meted out by those who are there to prevent abuse.
Last week, for example, the court delivered judgment in a libel case instituted by Richard Cachia Caruana 18 years ago! It finally declared that he was libelled by It-Torċa. The presiding judge had this case sitting on his desk for sentencing for several years. It gathered dust but registered no progress until last week, 18 years down the line.
A remedy years after the offence is hardly a valid remedy
Does the court not realise that having one’s reputation maliciously tarnished is a serious offence that should be treated expeditiously? A remedy years after the offence is hardly a valid remedy.
It seems it does not. I myself had instituted libel cases that dragged on for years when just two or three sittings would have been more than enough to present all that was presented in those long years.
But there is worse still.
The case of justice is not being served one iota by the present unnecessary and unsavoury saga about the nomination of two magistrates. How did the Minister for Justice get it so wrong? One nominee withdrew after the Commission for the Administration of Justice clearly stated that her nomination was anti-constitutional.
The other still clings on by her fingernails while the clock ticks for her to reach the seven-year requirement. In the meantime, further doubts are raised about when this fateful day will be. But the Minister for Justice keeps on digging in his heels refusing the advice of experts to seek once more a ruling by the Commission.
Certainly, the Constitution gives a seven-year minimum, but are we now happy with the fulfilling of minimum requirements when such important posts are at issue? This is like a student celebrating a 45 mark as this is the minimum pass mark. Should we not aspire for more, much more?
All this reminds me of that scene in Sidney Lumet’s 1976 film Network, where Howard Beale (ably played by Peter Finch, who won an Oscar) shouts during his TV show: “I am as mad as hell and I can’t take it anymore.” People do the same out of their windows.
Perhaps we should consider doing something similar.
• Fr John Caruana dedicated his life to the service of the Church in Malta and in Brazil. He saw first-hand the sterling work of many missionaries and wanted to document it. The book The Maltese Missionary Experience was the result.
In 450 pages he narrated the stories of Maltese missionaries in close to 70 countries. The experiences of bishops, diocesan priests, male and female religious and lay people working in the missions is brought to life. This truly ecclesial book sings the praises of Maltese missionaries who generously served the Kingdom of God in silence, generosity and humanity.
Fr Caruana preferred to go back to Brazil instead of staying in Malta to market it. He paid dearly for his generosity, as unfortunately the book was not well patronised by those who were in duty-bound to spread its message. Consequently, he had to bear the brunt of the great expense.
He has just returned to Malta for a few days but had to prolong his stay after being admitted to hospital. Healing will take weeks, perhaps months.
On his hospital bed he received an e-mail. It did not announce some ecclesial effort to propagate his book, which makes the Church in Malta proud and the missionary cause better known. On the contrary, it announced that a similar book in Maltese will be published by another Church organisation. It seems that all is fair not just in war and love.
Our Church has never been a church known for collaborative and synergetic efforts. But it now seems that pique and pettiness upped to higher levels will make a bad situation even worse.
To the greater glory of God and the service of the missionary cause, naturally and undoubtedly.
Sad, very sad indeed.
joseph.borg@um.edu.mt