The newly appointed Chief Justice this morning called for a review of the legislation which 16 years ago set up the Commission for the Administration of Justice and promised to do his utmost to increase efficiency and reduce court delays.
In his inaugural speech during his first sitting at a ceremony in court which also marked the opening of the forensic year, Chief Justice Silvio Camilleri said that efficiency in the administration of justice could only be achieved through the common contribution of all operators in the sector.
It was not responsibility of one person or another but a common effort had to be made by himself, the other judges, magistrates, lawyers, legal procurators, deputy registrars, clerks, messengers, court marshals, the administration of the court, director generals, directors and registrars.
One had to stop blaming everyone and everything except oneself and start reflecting on whether he was doing something wrong, he said.
Judges and magistrates, for example, should see if they had ever postponed cases without a really valid reason and lawyers should ensure they were always punctual.
Mr Justice Camilleri said he believed that if procedures were followed better, the situation would also improve considerably.
He said that the judiciary was duty bound to account for its behaviour, including in public and social life.
The Constitution’s protection to the judiciary in the carrying out of its duties was not a privilege to the judiciary but to the public because the safeguarding of independence and impartiality of the judiciary was beneficial for justice.
The independence of the judiciary, he said, did not mean independence from the ethical rules of correct behaviour and discipline, aimed at keeping the judiciary away from any shadow of mistaken perception of a lack of impartiality.
Independence did not mean that one could do what he wanted, call in for work whenever he wanted, or be absent without informing anyone. That was not independence but a devaluation of it, he said.
Dr Camilleri said that the time may have come for the relevant legislation which had set up the Commission for the Administration of Justice to be reexamined to address certain issues, such as a more transparent and effective commission in view of the experience gained.
He paid tribute to the late president Guido de Marco whom he described as one of the most brilliant luminaries of Maltese advocates.
The president of the Chamber of Advocates, Andrew Borg Cardona, also paid tribute to President de Marco whom he described as a lawyer who had reached an extraordinary level and someone current lawyers should try to emulate.