Of presidents and of justice

The two topics may seem unrelated, but they have a common thread.

Lino Spiteri's article (May 11) prom-pted me to discuss the appointment of Presidents. Mr Spiteri's criticism is that the choice of Presidents by successive governments (save for that of Sir Anthony Mamo) has been from the rank of politicians.

He rightly states, and I second him, that there are others who can adequately fill this post.

He refers to Oliver A. Friggieri, as clearly eligible. May I make another suggestion and unhesitatingly propose Joseph M. Ganado.

I have learned the ropes of our profession and lived in perfect harmony and peace for 13 years with Prof. Ganado and can confirm (if need be) that he is a man of integrity, maturity, honesty and a libreria ambulante as far as legal knowledge goes.

Backed by his wife, he would do honour as Malta's ambassador in any European court; and he would act as a wise fatherly figure on the local scene. I also think he would have made an excellent judge. This may sound as an appreciation - it is. I am sure others can propose persons of similar stature and ability from their particular field.

The point is that the choice of a President is not limited to ex-politicians. The thread between Presidents and justice is the human resources element.

The second part of this article was prompted by President Guido de Marco's statement about the judicial backlog of 1,085 cases (May 24).

Grievances about the administration of justice inevitably crop up periodically in the media. I have now served over 30 years in and out of courts and feel that the carrying out of justice is on the losing end.

Dispensing justice and its administration are subjects close to the hearts of many - and, definitely, mine. The assessment is a subjective one and the situation has to be compared with that abroad.

The significant backlog issue becomes insignificant when the more fundamental issue of trust is discussed. Certainly, last year Malta suffered an unprecedented setback. The tragedy is that not only is the damage irreparable, it is indeed compounding. But let me return immediately to the backlog issue.

The administration is not coping with the workload. The last Minister of Justice, Austin Gatt, invested in computers, a recommendable project but computers do not perform the duties of lawyers. Nor do they give out judgments; or are able to manage court sessions. Nor do they transcribe, viva voce, evidence and deliver it to the lawyers - on time or otherwise. Nor issue taxed bill of costs, on line or otherwise, etc. This is the work of humans.

The old cliché, justice delayed, justice denied, is vibrant as ever.

Alas, it is often forgotten by those responsible. All those involved with justice, be they judges, lawyers, administrators or parties, are to keep ever in mind that the law's delay is in itself an injustice, causing social, economic and physical hardship to those seeking redress.

If their plea for justice is not dealt with, parties become frustrated, disillusioned and their suffering is increased.

Two recent judgments of relevance come to my mind. There are many others. The 2000 decision (Writ No 348/91 RCP), now pending appeal, declaring the 1979 housing decontrol amendments relative to the parties' position obtaining on the termination of emphyteutical concessions unconstitutional meant that in the meantime - an intervening period of nine years - untold suffering had been caused.

Recently, the courts held that a delay in decision-making is unconstitutional. But what redress will this bring to those who have suffered?

The investment in the judicial/administrative components has to be in human resources. It is not fair to expect miracles from the present complement at all levels, as at present in the law courts.

Able as all the present staff at the courts, at all levels, may well be, it is clear that it is not coping with the demand. Therefore, greater efforts, or a bigger human force, whether of a permanent or of a temporary nature, is needed. My suggestion is that the court administration needs hands-on board of directors.

The backlog can also be dealt with. I believe there are in the legal profession those who can take charge of such lawsuits and bring them to a conclusion within an average period of nine to 12 months.

Drastic long-standing situations require strong overdue remedies. The temporary appointment of a few mature lawyers as supplementary judges, as permitted by our present Code of Organisation and Civil Procedure, would solve the matter - and give great relief to new judges (weighed down with 900 cases on day one!) and experienced judges alike. The exercise can well lead to becoming a permanent one if needs be.

One speaks about the need of amending the Code of Organisation and Civil Procedure to speed up the judicial process. Some proposed amendments to the code have already been adversely criticised, and justifiably so. No such amendments are necessary.

The existing law provides that a lawsuit should be commenced and concluded as soon as possible. The three-monthly or six-monthly or one-yearly interim adjournments of a lawsuit mean untold extra work for the judge, lawyers, staff and parties.

This system should be done away with. Contrary to public opinion, it is also financially disadvantageous to lawyers. A lawsuit should start and be concluded, at least insofar as evidence and submissions go, without interruptions.

What needs amending is not the law but the attitude and mentality (lawyers included) towards lawsuits, and a strong conviction that justice must be dealt out in the shortest possible time.

Admittedly, these proposals may not be original. One cannot give up or shrug oneself into complacency.

In these two above instances (and the examples are merely illustrative, and surely similarly applicable by government elsewhere), the accent is on government's possibility to choose from a wider range of human resources in order to provide for society's requirements.

I would like to believe that these resources do exist in Malta.

Obviously we are limited in the availability of human resources. But are we using the available potential to its maximum, or at least nearly so? Is there an objective technically-scientific approved method for making the choice from the widest possible sources?

In the discussions leading to the 1987 election, Eddie Fenech Adami had publicly stated that government would utilise individuals from a wider circle to assist in the running of government, parastatal companies, etc. at all levels. Many are under the impression that this promise was not put into practice.

Before and after the EU referendum, Dr Fenech Adami stated that the EU process was a popular and national event and once again promised that "many" would be now involved in this historic process.

To Malta's better advantage and interests, we have yet to see whether this will be done.