'It's obvious that I'd meet judges to discuss chief justice appointment': Abela

Prime Minister Robert Abela said there is no ethical issue with meeting members of the judiciary to discuss the appointment of a chief justice and that it was “obvious” he would hold such meetings.

“In the context of appointing a chief justice: do you think a person can nominate someone for the role without asking them if they are interested in the post?” Abela told the media.

He noted that while the executive was precluded from speaking to the judiciary about cases, it was "obvious" that he would speak to those who have shown interest in the post of chief justice.

Abela was speaking to journalists a day after Times of Malta revealed that Judge Lawrence (Wenzu) Mintoff has sent a bombshell letter to the cabinet with a series of allegations made under oath against the prime minister.

In his five-page letter to cabinet, Mintoff asks for Abela to be removed from talks, negotiations and decisions on the appointment of the new Chief Justice, claiming the prime minister is biased against him.

Among others, in the letter Mintoff claimed he had met Abela to discuss the appointment.

While Abela confirmed he had met Mintoff, he said the PN's Joe Giglio had also met with members of the judiciary to ask them if they were interested in becoming chief justice.

Asked whether it was a breach of ethics for politicians to meet the judiciary, Abela said "definitely not”.

“It is the correct way of fulfilling our statutory duties because choosing the chief justice is parliament’s job. If you do not speak to eligible people how do you intend we move forward?” he asked.

According to the judiciary code of ethics, "judges must not communicate privately with members of the executive on any subject relating to their duties and functions except through the intervention of, or after express consultation with, the most senior Magistrate and/or the Chief Justice". 

Abela noted that the government had proposed giving the sitting Chief Justice an advisory role in appointing his replacement but the Opposition had voted the constitutional amendments down, as it had done with the proposal of raising the obligatory retirement age of the judiciary to 70.

Abela was meanwhile also asked about Mintoff's claim that the two had exchanged messages via WhatsApp.

“I will tell the Standards Commissioner who started a WhatsApp conversation and who did not,” he said coyly. 

Earlier on Wednesday Abela asked the Standards Commissioner to lift the statute of limitations that would prevent him from investigating allegations of misconduct that took place before Abela was elected prime minister.

'My track record speaks for itself'

Abela was also asked about a claim, in Mintoff's letter, that the prime minister did not want to appoint the judge in a bid to placate “Labour diehards”.

On this, Abela said his track record speaks for itself, pointing out that the sitting Chief Justice, Mark Chetcuti, does not have a Labour Party history.

He noted that Ian Spiteri Bailey, whom Abela appointed as Public Contracts Review Board chair, was even a Nationalist Party candidate for the European Parliament.

Anti-deadlock mechanism

Abela meanwhile reiterated his call for an anti-deadlock mechanism to be introduced for the Chief Justice, Auditor General and Ombudsman.

He said not finding a replacement for the Auditor General would put the country in a dangerous situation as, unlike the chief justice, the sitting auditor general or his deputy cannot stay in their role until a replacement is found.

Current Auditor General Charles Deguara and his deputy will end their term in April.

“If we cannot agree on a name that seat will become vacant. That not only means the institution cannot fulfil its function but also new members of the judiciary cannot be appointed since the auditor general sits on the committee responsible for doing so.”

“The auditor general also serves to keep continuous scrutiny on us which is very important,” he said, insisting that that is why an anti-deadlock mechanismwas needed.