The Nationalist Party has questioned why the government decided a magistrate should still be appointed judge notwithstanding her being rebuked by the Commission for the Administration of Justice.
Asked by the Times of Malta if the Opposition agreed with the government on the promotion of Madam Justice Consuelo Scerri Herrera, a party spokesman said it had yet to understand what made the Judicial Appointments Committee change its position and accept her nomination, having rejected it last year.
The spokesman recalled that Dr Scerri Herrera’s promotion had been blocked after the judiciary watchdog concluded she had breached the code of ethics through her behaviour in her private life. The Judiciary Appointments Committee unanimously agreed the government would be sending the wrong message if she were made judge.
It is not known whether latest decision by the committee was unanimous
However, the Appointments Committee changed its mind after Justice Minister Owen Bonnici submitted her nomination again soon after Chief Justice Emeritus Silvio Camilleri reached retirement age and was succeeded by Joe Azzopardi.
It is not known whether the latest decision by the Appointments Committee was unanimous. By law, the committee’s procedures are confidential.
Dr Bonnici did say after Madam Justice Scerri Herrera was sworn in last week the government’s decision was based on the advice of the Commission for the Administration of Justice, and he denied that the committee had initially halted her promotion.
The minister did not elaborate.
After a six-year long investigation, the Commission for the Administration of Justice decided in 2016 that Dr Scerri Herrera had breached the judiciary’s code of ethics through her behaviour, which compromised her integrity and personal dignity and sowed doubts regarding the independence and integrity of her office.
This conclusion was in connection with her attendance at parties, seeking public exposure and entertaining the advances of a police inspector.
When the findings were reported by the media, Dr Bonnici condemned their publication. A few months later he submitted her nomination to the Judiciary Appointments Committee.