'No rush' to find Malta's next chief justice, Abela says

Robert Abela has said he is in no rush to appoint a new chief justice after the Opposition refused the government’s second nominee for the top judicial role.

“The constitutional mechanism accounts for our courts to continue functioning efficiently and in a tranquil manner, so that the people are served by our courts." 

“While we have that peace of mind, I do not see why there needs to be any rush, especially when the Opposition is throwing away all our nominees,” Abela said.

Abela was speaking shortly after his justice minister, Jonathan Attard, told the media that the Nationalist Party had refused the government’s nominee for chief justice, Myriam Hayman.

Hayman was the government's second nominee, after the Opposition voted down Prime Minister Robert Abela’s first choice, Judge Consuelo Scerri Herrera.

Despite sitting Chief Justice Mark Chetcuti reaching the mandatory retirement age at the beginning of February, a constitutional provision allows him to stay on past the age of 68 until Parliament can agree, via a two-thirds majority, on a replacement.

On Friday, Abela said the Nationalist Party was playing politics by refusing those nominees.

“This is the second time that the Nationalist Party said no without giving a reason why. The second person of the same sex (female), without giving a reason. That shows that the PN’s interest is to delay the process for as long as possible.”

Mintoff letter

The search for Malta’s next chief justice took an explosive turn at the start of the week when Times of Malta revealed that Judge Laurence (Wenzu) Mintoff sent a letter under oath to Cabinet.  

In that letter, Judge Mintoff claimed, among other things, that Abela had confided to him that he wanted to delay appointing a new chief justice until after the next general election. 

Abela questions PN timing of nomination

Speaking Friday evening, Abela questioned the Opposition's timing in formally proposing Judge Mintoff as chief justice.  

Abela said the Opposition had formally declared Judge Mintoff as its nominee "one day after the judge sent his letter - and in a letter that was backdated to the previous day." 

Times of Malta is informed that the PN nominated Mintoff on February 21, with its nomination backdated to February 20.

The Nationalist Party has denied knowing of the letter when it nominated Mintoff. However, it would not say whether the party still believed Judge Mintoff should be Malta’s next chief justice, citing “confidentiality reasons”.

Abela summoned by commissioner on Friday

Fallout from Judge Mintoff's letter has now triggered two separate investigations - one into the judge by the Judiciary Standards Commissioner and one into Abela by parliament's Commissioner for Standards in Public Life. 

Despite that - and the judge's sworn statement that “for Dr Abela, money was more important than the independence of the judiciary” - the prime minister has said he maintains full faith in the judge and his abilities. 

Asked how he did not see a contradiction in these two statements, the prime minister said:

“The fact that I trust him as a judge does not mean I agree with everything he said in that letter... he is giving an opinion, not a fact. It is an opinion that I do not intend to debate out here,” he said.

“What I have to say I will say in front of the Standards in Public Life Commissioner.”

Abela said the Standards Commissioner had summoned him on Friday to give his version of events.