The President must abide by the advice of the justice minister, her office insisted on Friday when asked why she had decided to sign the warrants of two law students involved in a controversy.
Both the former chief justice and the Chamber of Advocates declared earlier this year that the two students did not qualify to obtain a warrant to practise law because they had been found guilty of theft.
The President’s Office said earlier this week the President had noted “the unanimous backing from the judiciary” on the matter.
It also pointed out that in the performance of her duties the President had to act on the advice of Cabinet or a minister.
The General Workers’ Union’s daily, L-Orizzont, on Thursday reported Justice Minister Owen Bonnici telling Parliament that all members of the judiciary were in favour of the two students being granted a warrant to practise law.
But in a statement in reply to an article that appeared on The Malta Independent on Wednesday and titled ‘Minister to sign warrants of two lawyers with criminal record, backed by all judges, magistrates’, the Association of Maltese Judges and Magistrates made it clear no unanimous consent existed among the judiciary.
It was wrong to say that the Justice Minister enjoyed the support of all members of the judiciary on this matter, it said.
“The article [on The Malta Independent] implies that all members of the judiciary agree that the Justice Minister should sign the warrants of the two lawyers in question. A number of members of the judiciary informed the [association] committee they were not approached by anybody,” it said.
The association said public statements should be correct. In view of this development, Times of Malta again contacted the President’s Office and the Justice Ministry about their comments on unanimity among the judiciary.
No unanimous consent among the judiciary
A spokesman for the President’s Office said that when it spoke of “the unanimous backing from the judiciary”, it was referring to the fact that all four judges who had examined the two law students had agreed they should be granted a warrant.
He reiterated, that, according to the Constitution, the President had to abide by the minister’s advice.
It was pointed out to Dr Bonnici it was now clear not all judges and magistrates agreed with the warrant being issued. He was also asked if he would now reconsider his position in the circumstances.
The minister replied that when he spoke in Parliament he was referring to a letter the Association of Maltese Judges and Magistrates had sent to the Times of Malta in March saying that “the empanelled judges, having taken into consideration all the aspects of the law and having examined the candidates accordingly, correctly applied the law in force to date”.
It could not be confirmed whether the minister had already formally advised the President to sign the two warrants.