When the Commission for the Administration of Justice presented its third report a few days ago, its chairman, Prof. Guido de Marco, expressed the opinion that the judges' bribery case led to a major reshuffling of roles and "to a big setback in the smooth running of the system".
The disquieting events of last August had descended on Malta like a summer thunder-clap and threatened the very integrity of the judiciary system itself. The case had stunned the nation. Still, the very fact that the psychological impact it created did not steer the system completely off course is in no small way due to the appointment of the new chief justice. He demonstrated quietly and firmly there was no obstacle that could not be surmounted with dignity.
For some reason that many members of the judiciary and the press could not understand, however, this was not the case - although it should have been - with the appointment to the Bench of Dr Andrè Camilleri. In Dr Camilleri's case, the prime minister could have recommended him to take up his job in the judiciary without any reference to the commission. But he had done so. This led to an impasse between the prime minister and the commission.
The grounds on which the commission disagreed with the prime minister were considered, and are still considered, by many, to be spurious. He lacked, it was held by the commission, the required legal experience to serve as a judge. In its report, the commission is reaffirming its stand on this case.
As to the courts' workload - a subject that has worried so many over so many years - the number of cases that have been pending for five years, or more, in the civil courts, stood at 2,713 up to mid-January 2002 and at 158 before the Magistrates' Court in its civil jurisdiction. There were also several hundred pending magisterial inquiries.
Prof. de Marco said that in certain court cases, the commission was asking for an explanation of the delay. In such cases, he said, he appointed the chief justice to discuss the delay with the judiciary and together determine the best way to remedy the situation. In rare cases where no solution was found, the chief justice referred the matter to the commission president.
It is a matter for surprise that the commission's report does not give the pending numbers as they stood in September 2002, which was the end month covered by the report.
Did the numbers rise appreciably between January 2002 and September 2002? If the answer is in the affirmative, there is room for concern. Should the answer be in the negative, that is, there was no significant leap in the number of cases then there is even less reason to be concerned except for a valid one. A total of 2,713 cases awaiting justice for more than five years are a reproach.
What is significant about the current position is the fact that the chief justice and the judiciary face the unacceptability of so many cases that have been pending for so long.
As Chief Justice Degaetano remarked, correctly: "(It)... makes us all the more accountable". That is a good thing. Matters will only improve when 2,713 cases pending for five years or more are brought down to nil.