Video conferencing for witnesses in court is still a headache, according to the association of magistrates and judges, who say they are willing to go online if given the necessary tools.

The Association of Magistrates and Judges of Malta said that while video conferencing has been rolled out in some court rooms, operating them in every hall was still too difficult to coordinate in the bustling Valletta courthouse.

The association was contacted after the lack of video conferencing for witnesses was raised by doctors. 

Times of Malta reported last week that surgeons are being forced to postpone dozens of operations every month because they are being summoned to testify in court.

Hermann Borg Xuereb, an ENT, head and neck surgeon, 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.

Reacting to the concerns, the judiciary’s association said video conferencing had already been available through one portable system. However, over the years this had proven difficult to operate efficiently in all 25 halls.

This, the association said, rendered giving evidence by video conferencing difficult to co-ordinate.

“The judiciary, whilst assuring that it generally always considered favourably requests made by the medical profession in view of their previous surgical commitments, insists that, should they be provided with all the tools and staff needed to cater for the workload they face on a daily basis, they would be in a better position to operate efficiently and effectively,” the association said.

Permanent video conferencing systems have recently started to be installed in various halls throughout the courthouse.

The judges’ association said that once all the court halls are set up with the system, it would become far easier to hear expert witnesses such as doctors or those overseas.

The courthouse administration is expected to meet the association in the coming days to discuss the technological hurdles. 

The issue of virtual attendance at court sittings was raised at the onset of the COVID-19 pandemic when restrictive measures meant that for many cases, justice had to be put on hold. 

Legal amendments have since been introduced to regulate the use of video conferencing at the courts. 

Justice Minister Edward Zammit Lewis told Times of Malta that six halls in Malta and three in Gozo are now fully equipped to provide video conferencing, and there would be more in the coming weeks.

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