Newly-appointed Judge Anthony Ellul this morning made a set of proposals for the better administration of the courts.

Speaking at his inaugural sitting, the former magistrate said he hoped that acts of court proceedings could soon start being submitted online, removing the need for documents to be filed personally within the opening hours of the registry. That would make it possible for  documents to be filed from anywhere and give immediate access to judges and lawyers from their home or offices.

He also suggested that the competence of the Small Claims Tribunal should be raised from the current maximum €3494. Time had proved the usefulness of this tribunal, despite initial scepticism, Mr Justice Ellul said.

There was also the need to reduce the workload of Magistrates in the Criminal Court. He said that such magistrates also had to carry out inquiries when they were on call.

He said there was also need for a revision of regulations governing legal aid. At present, people could only be eligible for legal aid if their income was less than the minimum wage. This issue was also being debated in the UK.

Mr Justice Ellul said that the status of judicial assistants who helped judges, needed to be raised. Recruiting people to such an important position was difficult, and many people were therefore only working part-time. The courts needed to attract the best lawyers for such positions. He had served as judicial assistant under three Chief Justices and had found the work very satisfying.

Turning to the Court Library, Mr Justice Ellul said the stock of books needed to be increased and modernised, including access to modern databases in Malta and abroad.

GOZO

Referring to Gozo, where he served as a magistrate for four years. Mr Justice Ellul said there was no doubt that the courts needed to move out of their current old and small building in Victoria, which was totally unsuitable for current needs. It lacked space and did not provide access for people with mobility problems. He knew that the government had drawn up plans in this regard, and he hoped they would be realised soon.

He regretted that a goldmine of caselaw was filed in the Gozo court library but hardly anybody used it because it was not digitised, and access was difficult.

With regard to people living in Malta who needed to testify in Gozo, and vice-versa, Mr Justice Ellul said it should be possible for testimony to be given in Malta itself and vice-versa, through video-links, making the need to travel between the two islands the exception, not the rule, saving time and money.

He also felt that the fees paid to witnesses needed to be revised upwards since the Witnesses Fees Ordinance was outdated.

MEDIA

Turning to the media, the new judge said that court sentences could sometimes be criticised. The people depended on the media to know what was happening in the courts. The media was limited on the detail it could give on the various cases. Items which strengthen the people's confidence in the court, unfortunately, did not reacht he headlines as much as events which had shaken such confidence.

It was natural that the people wanted to read what was controversial. Therefore one heard more criticism about the courts than anything else.

It was important, however, that the truth was supreme. It was one thing to disagree about a sentence but another to report inaccurately. The administration of the courts needed to be more active to ensure that judgements were faithfully reported. For example, a press summary could be issued, starting with appeals court judgements.