Updated 1.45pm with Justice Minister's reaction

Surgeons are being forced to postpone dozens of operations every month because they are being summoned to testify in court, according to one of them who was called to give evidence twice in as many weeks.

Hermann Borg Xuereb, an ENT, head and neck surgeon, has called for the regular use of online testimony that would allow surgeons to give evidence from a room within the hospital without disrupting their entire workday to the detriment of patients.

Borg Xuereb last week received a summons to appear in court to testify in a case at 2pm. This disrupted his day of scheduled operations planned from 8am to 6pm and led to the cancellation of three interventions.

“Ninety-five per cent of the operations I carry out are cancer patients. They would have been waiting for their operation for months and this causes delays of months,” he said.

“I am more than irritated at the situation. This is ethically incorrect.”

This week, he was again forced to postpone more operations as he was summoned to testify on Monday at 12.30pm.

I was asked if a person with a blocked nose can ride a motorbike

“Something must be done. The court has to change. This is happening all the time to myself and other consultants and it’s pushing back dozens of operations each month. I can’t understand why there are no other ways of testifying and why the court summons insists on us turning up in court or face contempt of court,” he said.

Reacting to the surgeons' comments, Justice Minister Edward Zammit Lewis later on Friday said it was "unacceptable" that medical consultants had to wait at court at the expense of patients.

Questions do not require physical presence

He claimed the questions often asked did not require a physical presence.

“They are often basic questions. Not worth all this waste of time. My recent sitting was a case in point. I was asked if a person with a blocked nose can ride a motorbike,” he said.

Martin Balzan, president of the Medical Association of Malta, said many surgeons face such a situation, which got even worse by lack of theatre staff, who have been redeployed to intensive care due to the pandemic.

“Now more than ever, every minute is precious in a theatre… postponing operations to attend court sittings comes to the detriment of patients,” he said.

He said that while there was a system that allowed doctors to give their evidence via affidavit, and magistrates usually called doctors to the witnesses stand first, online testimony would be of great help.

“We are in favour of allowing for online testimony as that would save a lot of time spent in travelling, parking and waiting.”

The Court Services Agency said such cases were being studied.

“The matter of court efficiency is being taken seriously through various legislative measures, including bills now before parliament,” a spokesperson said, adding that recent amendments had introduced the legislative framework for teleconferencing to be used in court and various halls have been equipped to hold virtual hearings.

This is unacceptable - Justice Minister

Justice Minister Edward Zammit Lewis said it was "unacceptable" that medical consultants had to wait long hours at court at the expense of patients.

"There are digital means available that can be used by members of the judiciary to ensure that these medical practitioners can give their statements without their presence on the court's premises.

"Additionally, these medical consultants should always be given priority in any case before the court whenever their expertise or testimony is called upon," he said on Friday.

The minister noted that there already are members of the judiciary who are making use of digital means to expedite the judicial process. 
 
The government, he added, remained committed to investing in more e-friendly and digitalised courts, with the full digitalisation of courts being finalised in the coming months.

"All members of the judiciary, without distinction, should make use of these means made available to them.”