Alex Borg asks Robert Abela to resume chief justice talks
PN leader says PM broke gentleman's agreement by revealing government's preference of Scerri Herrera
Alex Borg has written to Robert Abela to resume talks on the appointment of the new chief justice, after Minister Jonathan Attard confirmed on Wednesday that Madam Justice Consuelo Scerri Herrera was the government's choice for the post.
In the letter, the PN leader expressed disappointment with the prime minister over the publication of the name of a prospective chief justice when the two had agreed to keep their discussions confidential, and there was, as yet, no agreement on the matter.
In his letter, Borg also alluded to an issue discussed during the private meetings, which he said could never be a sound criterion for the post.
“This behaviour is certainly not in the national interest and does not respect the spirit of the constitutional provisions for such an important selection,” he said.
The PN published the letter following a unanimous decision taken on Wednesday night by the Nationalist parliamentary group that Borg should continue discussions with Abela on the appointment.
When Abela "broke the gentlemen’s agreement" and confidentiality with the leader of the opposition, he showed "a serious lack of respect for the seriousness and maturity required when considering such an important role, by unilaterally and publicly communicating the government’s decision to nominate a sitting judge for the post".
The PN said Abela also went back on his word to Borg that no name would be communicated publicly before formal talks were concluded and an agreement reached between both sides. This was also a matter of respect towards all members of the judiciary, the party added.
Until agreement is reached on who should succeed Chief Justice Mark Chetcuti, Borg will not comment publicly on the discussions with Abela, the PN assured.
Party sources said that on Wednesday, the group did not discuss whether Scerri Herrera should be the next chief justice.
“We did not discuss any names and only agreed that Borg will continue discussing confidentially. We agreed not to mention names even in the group, as this would be undermining the judiciary,” one PN MP told Times of Malta.
They added that the meeting was a short one.
The new chief justice will need the backing of the government and the opposition, as a two-thirds parliamentary majority is needed for the appointment.
The chief justice is the head of Malta’s judiciary. Besides hearing some cases, the chief justice also decides which members of the judiciary hear which kind of cases.
Judge Scerri Herrera was appointed a judge in 2018 and has served as a magistrate since 1998.
Other names that remain in the running are Lawrence 'Wenzu' Mintoff and Francesco Depasquale. It is understood that some within the PN are pushing for judge Edwina Grima to assume the top role.
Some PN officials were told Grima could not assume the role because of a high-profile upcoming trial. However, there is a precedent of a chief justice overseeing a trial: in 2008, then chief justice Vincent De Gaetano presided over the trial of Antonio Schembri.