Madam Justice Miriam Hayman today called on the authorities to reform the salary package of members of the judiciary as well as their measly pension after they reach retirement age. 

In her inaugural speech, Madam Justice Hayman questioned how retired members of the judiciary are expected to live on a pension of just €900 a month. 

"Where is justice in this pathetic, humiliating, farcical and surreal reality? Why does someone who dedicated his life and sacrificed his family, end up living in this situation, almost ridiculous, when compared to other financial packages received by others? Should retired members of the judiciary look at their retirement as a time of worries and tension instead of a time to relax and reap the benefits of what would have been sowed throughout his working life?" she asked. 

She also complained that the salary was also on the low side and did not reflect the exigencies of the job, especially the long hours spent researching, studying cases and writing judgments at home and which "frankly are not reflected in our remuneration". 

Her inaugural speech was held in the Criminal Court in the presence of President Marie Louise Coleiro Preca, Justice Minister Owen Bonnici, shadow ministers for justice and home affairs Jason Azzopardi and Beppe Fenech Adami, respectively, as well as various members of the judiciary, led by Chief Justice Silvio Camilleri. Attorney General Peter Grech and retired members pf the judiciary, including judges Lino Farrugia Sacco, Michael Mallia and Lawrence Quintano, were also present in the packed courtroom. 

In her speech, Madam Justice Hayman, who in her years as a magistrate presided over drugs cases, spoke about the need to beef up the police Drug Squad and expressed remorse that Assistant Commissioner Norbert Ciappara, who she said led the squad superbly over the years, was due to leave the force. 

While on the subject of drugs, Madam Justice Hayman noted that reforms were badly needed to alter the mandatory jail sentence for drug trafficking by sharing. "I am in no way condoning the acts but should someone who chooses to buy drugs to share with his friends, sometimes without remuneration, face mandatory jail?"

She also questioned whether people facing drug charges should still go to jail despite changing their ways in the years until judgment is pronounced. "A prison sentence in these circumstances will only be detrimental to the person. I had to face circumstances where, despite a recommendation by the Probation Officer against a jail sentence, I had no option but to sentence a person to jail."

The new judge also had harsh words for legal aid lawyers who were not serving their clients in the best way possible and sometimes even failed to appear in court to defend them, even at times when these were still under preventive arrest. "This attitude needs to change as it does not honour the legal profession," she said. 

In his speech, George Hyzler, the president of the Chamber of Advocates, kept up the chamber's criticism in the way new judges and magistrates were being appointed.

Saying this was not referring to any particular member of the judiciary, Dr Hyzler said the chamber "genuinely believed" that the administration must distance itself from the judiciary, adding that this was healthy for democracy and also served to increase people's "much-needed" trust in the judicial system. 

"The method used to appoint judges and magistrate, that dates back to colonialism, needs to be updated. Citizens and people who work in this profession expect a change in how these appointments are made.

"We believe that judges and magistrate should be appointed by the Commission for the Administration of Justice following an open and transparent process. It is not in the interest of the judiciary that a single member of the judiciary is labelled, especially politically, when this could impinge on his impartiality and independence.

"Despite being one of the recommendations of the Bonello report, we do not see why it is taking so long to implement." 

Dr Hyzer praised Madam Justice Hayman for being a practical person, as she had shown during her 17 years as a magistrate, as urged her to keep her her "human and honest qualities" even in her position as a judge. 

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