Chief Justice Mark Chetcuti’s recent address made at the opening of the forensic year can by all accounts be considered as a cry of distress.
He warns of the justice system collapsing. He calls for the provision of the right structures, adequate staff, and the necessary tools. He acknowledges that the justice system must get closer to the people.
If there is to be a strong judiciary, the chief justice cautions, do not try to rock its foundations. He did not feel he need go into detail, saying a nod is as good as a wink.
Such statements coming from a person who is known to be quite circumspect clearly indicate the judiciary has had enough. Theirs is a very delicate situation because, though open to criticism – which does come from many a quarter, not least the media – judges and magistrates do not usually engage in public discourse.
It is on occasions like the opening of the forensic year that collectively, through the chief justice, they can ‘speak their mind’, and, even then, within limits and maintaining the décor expected of such high office.
When the chief justice publicly declares that “we must admit and cannot continue to hide the reality of a system that is not producing the results expected within a European democratic state”, the urgent need to fix the system is clear and present.
The judiciary has long been warning that the system is on the verge of collapse. Now, we have it from the horse’s mouth that it was only thanks to judges, magistrates, and their present staff that it has not happened. We did our bit; you did not, the chief justice charges, not in as many words, of course.
That is indeed a damning indictment on the government, which keeps repeating the mantra that the institutions are working. If they are – and the big bulk are clearly not – it is only because of the blood, sweat and tears of some who put their oath of office before any other allegiance.
The chief justice, who, of course, has a finger on the pulse, attributed the huge problems facing the justice system mainly to the ever-increasing workload resulting from the quantity, diversity, and complexity of new litigations.
The “phenomenon” of courts “barely remaining afloat”, he elaborated, was particularly caused by the many persons and legal entities taking up residence or opening shop here over the last few years.
Yet, again, the finger is pointed at the government: as we suffer the disturbing consequences of lack of planning and foresight in the physical infrastructure, the judicial system is being expected to cope with new and increased demands using tools and occupying the space of yore.
The justice system is simply not equipped to handle the prevailing situation and is increasingly finding it impossible to cope and deliver judgments within a reasonable time.
The chief justice acknowledged that some action has been taken to improve the situation but insisted that was “only the first step”. There has to be a solution “not tomorrow, but today”, he insisted.
He was unequivocal in that it is the State’s duty to ensure that the courts, “the bulwark of justice, one of the main three pillars of democracy”, are equipped with what it takes so that the rule of law may prevail.
Parliament – with both sides working together – must now take it from there and fast. The chief justice’s ‘collapse’ warning must not be ignored.