Updated 5pm with PD statement
President Marie-Louise Coleiro Preca would be signing the warrants of two law students involved in a controversy on whether they qualify to practise since they had been found guilty of theft, the Times of Malta was told.
“Her Excellency takes note of the unanimous backing from the judiciary related to the issuing of legal warrants to these two individuals and is also cognisant of Article 85 of the Constitution of Malta which states that, in the exercise of her functions, the President shall act in accordance with the advice of the Cabinet or a minister acting under the general authority of the Cabinet,” her spokesman said.
Both the Chamber of Advocates and the dean of the Faculty of Laws at the University of Malta have publicly asked her not to set “a serious precedent”.
The President’s Office was asked why it had concluded there was “unanimous backing from the judiciary” when Chief Justice Emeritus Silvio Camilleri had himself objected to the warrants being given shortly before his retirement last April.
However, no reply was forthcoming by the time of writing.
READ: Court judgments can now be 'forgotten'
Relatives of one of the two law students had acted as Marie-Louise Coleiro Preca’s political helpers
The spokesman confirmed that relatives of Yanika Barbara, one of the two law students, had acted as Ms Coleiro Preca’s “political helpers” some years back.
“However, Her Excellency has not been at all involved in the decision to grant these two individuals a warrant and it should be noted that whether individuals, or their families, are known to Her Excellency or not has absolutely no bearing on the faithful execution of her duties as President of Malta under the terms of the Constitution,” the spokesman added.
The law lays down that “no person is entitled to obtain a warrant to practise law unless s/he is of good conduct and good morals”.
Both Dr Camilleri and the Chamber of Advocates insisted that this barred both Ms Barbara and Thomas Sant from being allowed to practise law.
Justice Minister Owen Bonnici, however, disagrees, insisting they should get the warrant.
According to the Code of Organisation and Civil Procedure, although it is the Justice Minister who recommends, it is the President who actually issues the warrant: “No person shall exercise the profession of advocate without the authority of the President of Malta granted by warrant under public seal of Malta.”
Did minister mislead parliament, PD asks
In a statement in parliament, Dr Bonnici had given the impression that four members of the judiciary had given advice in favour of this proposal and he was consequently acting on sound advice, Partit Demokratiku said in a statement.
At the time, the Chamber of Advocates and Chief Justice Silvio Camilleri had also given advice to the contrary.
The Code of Organisation and Civil Procedure states that "no person is entitled to obtain a warrant to practise law unless s/he is of good conduct and good morals”.
PD asked: Is this not a case where the House has been misled by the minister?