A retiring judge is hoping no one will have to suffer the discrimination he faced when he was deprived of a promotion because of a “personal decision”.
Mr Justice Michael Mallia said that throughout his 29 years as a member of the judiciary there were countless positive experiences.
“But I also had moments of heartbreak and depression when, because of a decision that affected my personal life – when there was malicious gossip going on – I was denied a promotion I had already been offered,” he said.
“But, maybe things were different then and I hope no one suffers the discrimination I suffered,” Mr Justice Mallia said, in a powerful speech he delivered during his last court sitting ahead of his retirement.
Mr Justice Mallia, who turns 65 on Tuesday, had undergone a separation in 2002.
The process of replacing retired judges takes too long and does not allow for a seamless transition
After becoming a lawyer in 1976 he worked with the legal firm of his father Paul Mallia until becoming a magistrate in 1986. Twenty-three years later, in 2009, he was appointed judge.
Throughout these years, when he served both in Malta and Gozo, he was also president of the Tribunal for the Investigation of Injustices.
There were many unforgettable experiences both on a legal level and, more importantly, experiences highlighting the multiple facets of human nature, he said.
After witnessing how people suffered as they faced court proceedings, when he became a magistrate he made it a point to ensure judgments were delivered on time.
As he retired, he said, he was proud to say he had left no pending decisions. However, his successor would inherit 79 cases that had not yet reached judgment stage, apart from new cases being filed.
Speaking in a courtroom packed with colleagues, friends and relatives, Mr Justice Mallia insisted that the biggest problem the judiciary faced remained the fact that there were not enough judges and magistrates to cope with the increasing workload.
He said the process of replacing retired judges took too long and did not allow for a seamless transition.
He understood that it might be hard to find people willing to take the job due to the high responsibility and low salary package, which had recently improved.
However, pensions remained a concern. Suffice to say that a drug trafficker, whose assets were frozen, was allowed to withdraw money monthly to cope with daily living expenses. This amount was more than a judge’s pension.
It was positive to see this would be addressed in a new draft law that would also introduce disciplinary measures for members of the judiciary. Such measures were of no concern to him and those doing their job well, he said, adding that “those who want to understand will understand”.
He then spoke at length about the treasured personal relationships he developed over the years with his staff and colleagues, many of whom he mentioned by name as he spoke about their invaluable traits.
He concluded by saying God had graced him with a daughter and son he was proud of, as well as two grandchildren who would feature prominently in the next chapter of his life.