After the Bonello Commission passed on the baton of court reform to Parliamentary Secretary for Justice Owen Bonnici, he speaks to Kurt Sansone about the road ahead to implement the recommendations.

Owen Bonnici is aware of the gargantuan task he faces to pilot court system reforms that eluded many of his predecessors.

As he sits at the boardroom table in his Valletta office, the Justice Parliamentary Secretary acknowledges the pace of change in that bulwark of conservatism and tradition may not match his liking.

But he is confident members of the judiciary realise the need to change things so that justice is delivered in a timely manner.

A Eurobarometer survey found only 45 per cent of the population trusted the courts, a disquieting figure according to Dr Bonnici.

But as he digests the 450 proposals handed to him by the Bonello Commission, which he set up soon after the election, Dr Bonnici believes the judiciary will help the executive implement change.

“No judge obeys the government and God forbid we ever have a situation like that and so everything has to be done with persuasion,” he says.

Dr Bonnici wants to see the 450 proposals implemented over the next four years but acknowledges some of them will not be exactly as outlined by the commission.

“There are some issues on which the judiciary have a problem with the detail rather than in principle,” he says.

A bone of contention is the composition of the Commission for the Administration of Justice (CAJ) and the related issue of discipline for judges and magistrates.

When the Bonello Commission issued the first draft of its proposals in summer, the judiciary had hit out at a recommendation to create two new commissions dealing with judicial appointments and discipline.

The criticism was directed at the fact that the new bodies would dilute the functions of the CAJ and be composed mainly of non-magistrates and judges.

Dr Bonnici says that the judiciary believe discipline should be meted out by their peers and this was the principle issue the government had to decide on.

“I anticipate the judiciary will continue to insist, and I see the validity of their argument, that the body to mete out disciplinary proceedings should be made up of a majority of sitting judges and magistrates,” he says.

This still has to be discussed with the judiciary but Dr Bonnici does not believe this should be a stumbling block for change.

With a strong hint of pragmatism in his voice he says the end result should be a method that gives judges and magistrates serenity, ensuring their independence and impartiality, while making them more responsible for their behaviour.

“I spoke informally with the Chief Justice... I want this [the CAJ and discipline] to be on the agenda of my next scheduled meeting with the judiciary,” he says.

The Bonello Commission outlined a number of instances where failure to deliver will land magistrates and judges in trouble. The question is whether the judiciary will play ball.

One of the recommendations is to have judgments delivered within six months from the closure of a case, or else the judge or magistrate will face disciplinary proceedings.

Dr Bonnici notes that most of the breaches mentioned by the Bonello Commission already form part of the code of eth-ics that regulates the judiciary.

The Bonello Commission went into greater detail, he adds, but talks have to be held with the judiciary to ensure they are on board.

“My wish is to have a deadline until when judgments are delivered and if breached there should be some form of consequence.

“Nobody puts a gun to the judges’ heads but taking eight or even 10 years to deliver judgment has to stop,” Dr Bonnici says.

Nobody puts a gun to the judges’ heads but taking eight or even 10 years to deliver judgment has to stop

But changing the composition of the CAJ and including provisions for discipline will have to be approved by a two-thirds parliamentary majority.

It is not just the judiciary who need convincing of the change, but the Opposition.

Dr Bonnici is encouraged by Opposition justice spokesman Beppe Fenech Adami’s initial reaction.

“From what he said publicly, it shows the Opposition agrees with the ideas expressed by the Bonello Commission. But I want to give the Opposition time to delve deeper into the report and come out with an official reaction,” he says.

Although Dr Bonnici does have a sense of urgency to get the reform going, he will not rush.

His next step is to propose the approval by Cabinet of those recommendations that have broad agreement.

These can be implemented immediately, he says because most only require a legal notice or a simple administrative change.

The more sensitive recommendations will be implemented at a later stage. One of the more immediate changes the Bonello Commission recommended be introduced is the right of suspects to be assisted by a lawyer during police interrogations.

Dr Bonnici has set up a working group that includes a representative of the Chamber of Advocates, the Police Commissioner, the Attorney General and lawyer Franco Debono, who raised the issue in the previous legislature.

The matter is no longer an issue of whether the government would like to introduce such a right because there is an EU directive that imposes this change, Dr Bonnici adds.

He says the Police Commissioner is the one with the most determination to see this through quickly.

“He believes in the presence of a lawyer during police interrogations.”

However, although hinting that this will be one of the first proposals to be introduced, Dr Bonnici insisted that at the first Cabinet meeting present an executive summary of the Bonello Commission report.

“I will list the measures that I believe should be introduced immediately and once Cabinet grants approval I will publish the measures, each with a deadline and what it will cost the country.”

One of the issues touched upon by the commission

was drugs. It proposed a clearer distinction at law between simple possession and trafficking but steered clear of discussing decriminalisation, which it said was outside its remit.

The ball is now back in the government’s court. Dr Bonnici says that he has had a number of meetings with Social Solidarity Minister Marie-Louise Coleiro Preca on the subject.

The government is considering the Norwegian model of diversion, he says.

“This means that if you are caught with an amount of drugs that is clearly intended for personal use, such as a joint, rather than go through the whole criminal process and ending up in court, you are given a severe reprimand.”

Dr Bonnici steers clear from further detail, saying the government is exploring various legal avenues.

He insists the most important thing is that somebody caught with drugs for personal use should not end up facing criminal court procedures.

“We have a lawyer who has prepared a draft law, which Ms Coleiro Preca and I am studying. We will then take it to Cabinet,” he says.

Dr Bonnici says his intention is to see the court reform through.

“I am going to give it my best shot,” he says, fully aware that hitting the bullseye will not only make a difference to people’s lives, but also help his political career.

ksansone@timesofmalta.com