The Chamber of Advocates is calling on the justice ministry to meet with stakeholders in order to revise protocols put in place to prevent the spread of COVID-19 at the courts, after a court marshall tested positive for the virus.
The CEO of the Court Services Agency, Frank Mercieca, confirmed the case, saying two other employees are in quarantine after having come into contact with the patient.
The employee was immediately quarantined on the onset of symptoms and was assisted in getting a swab test done, Mercieca said. The premises were also disinfected twice in 24 hours.
While court is technically in summer recess, a number of cases are still being heard.
Lawyers have told Times of Malta it is difficult to maintain social distancing, particularly when a case is being heard in one of the smaller halls. While judges and magistrates sit behind perspex panes, everyone else is gathered in the hall, with windows generally kept shut to preserve air conditioning.
A spokesperson for the Chamber of Advocates said that according to a number of complaints from legal professionals, the previously agreed protocols were not being applied and enforced rigorously.
There was a “certain sense of overall complacency” creeping into the court’s approach to enforcing the measures.
Under court rules, a mask or visor must be worn at all times, people’s temperature must be taken at the door and a 70 per cent alcohol hand rub must be applied upon entry, Mercieca said.
Security personnel are also enforcing social distancing in common areas, with people only being let into the hall 10 minutes before their appointed time, he added.
The entire building is being disinfected daily by certified cleaners, who also sanitise hall furniture in between each case. Registries, halls and communal areas have been adapted to respect social distancing.
“The court services administration held talks with members of the judiciary and chamber of lawyers to see that all court cases are scheduled by appointment. This would surely avoid having a large number of people outside the halls.”
This, Mercieca said, was in line with the other measures taken, which would also be implemented when summer recess is over.
“Additionally, the court services agency is in the process of furnishing four halls with remote access facilities.”
However, the chamber wants to meet the minister and other stakeholders before the resumption of regular operations in September to reassess the protocols and their enforcement.
“The chamber believes that one ought to preempt the situation and avoid having to potentially deal with a crisis in September/October,” the spokesperson said.
It wants to assess the efficiency of the current measures, “in a situation of a heightened risk of exposure today”, against the time when the protocols were agreed to.
The review, it says, should ensure that a comprehensive set of protocols is put in place, uniformly applied and effectively enforced.
Earlier this year, when court sittings had been suspended entirely, the chamber had made repeated calls to introduce a system of remote hearings to prevent the stalling of justice.
The introduction of virtual court sittings may require some legal amendments, however, legislation already allows for certain court procedures, such as testifying witnesses, to be performed remotely.
A Council of Europe expert body, CEPEJ, is currently working with the government to see how Malta's justice system can best be digitised.