In final speech, judge Toni Abela says rule of law should not be 'a la carte'

Mr Justice Toni Abela delivered his final address as a judge on Monday, insisting that the rule of law should not be "interpreted à la carte" and should be applied "in a consistent manner".

In his address, he called for an end to the distinction between the inferior and the superior courts.

He added that there should not be any discrepancies between the role of a magistrate and a judge, stressing that his suggestion was not based on the money they earned, but on dignity, explaining that they carry out similar work.

Judge Abela, who graduated as a lawyer in 1984, will retire nine years after he was appointed to the bench.

After falling out with the Labour Party in 1989, where he served as president, Abela went on to found Alternattiva Demokratika. He later rejoined the Labour Party and went on to become its deputy leader in 2008, serving until 2016.

In a packed courtroom, which included Prime Minister Robert Abela, Justice Minister Jonathan Attard, members of the judiciary, legal professionals and family members, Judge Abela said being a member of the bench is a thankless job, which is not always appreciated.

When a person is appointed to the bench, they come with their prejudices, Abela explained, adding that one needs to work on being impartial.

He outlined three essential qualities of a judge: knowledge of the law, a sense of justice, and serenity.

Explaining each one, Abela said that the first differs from person to person. On the second, he said that all members of the judiciary have a strong sense of justice. On serenity, the judge said it was the “worst” and “most difficult”, explaining that one may not be serene for a variety of reasons, including problems at home.

He added that the worst factor leading to a lack of serenity is when individual members of the judiciary are attacked in a "vile manner" from the outside. The judge held that one is entitled to an opinion, but criticism should not be turned into an autocracy, and said he is hurt when members of the judiciary are attacked personally.

On the rule of law, he said that it should not be "interpreted à la carte and should be applied in a consistent manner".

He also thanked his staff, saying that three-fourths of the merit goes to them.

Retiring with his head 'held firmly high'

Reflecting on his time as a judge, Abela noted that when he was first appointed, he shied away from ceremonies or speeches and kept his head down, opting to "speak through his judgements" since he had been humiliated.

However, nine years later, he could confidently say that he was retiring with his head held firmly high and satisfied that he had always acted in a way that made him proud. 

This led to a standing ovation from those present and applause.

Before the judge addressed those present, Chamber of Advocates president Peter Fenech took the floor and praised Abela’s moral courage and noted that he did not shy away from demonstrating his values.

Fenech said Judge Abela still has much to offer, and that his experience "would be wasted if not used".

From 1,737 cases of which 200 were inherited, 1,424 cases had been decided, excluding the judgments handed down on Monday morning, and 300 cases were left undecided, none of which are adjourned for judgment.