The Chamber of Advocates today accused Planning Commission chairwoman Elizabeth Ellul of “lacking maturity” when she accused a lawyer of “showing off with the law” during a hearing over a proposed development last Friday.

Lawyer Massimo Vella was making a legal point when Ms Ellul made the accusation.

When Dr Vella took umbrage at her comments, Ms Ellul warned him she had the authority to ask him to leave the sitting and told him he was not in a court of law but a planning commission.

In its statement, the Chamber of Advocates said the rule of law applied in Malta and the law was applied in the same way everywhere and with everyone.

No board, commission or public organisation, which was serving a judicial or quasi judicial function, and which had to decide on the basis of the country’s legislation, had the power to ignore legal arguments because, according to them, these should only be made in court.

The law was the only objective criteria on which a quasi judicial body should decide and any decision based just on the discretion of the chair without the basis of the law was in clear violation of the rule of law. No one could place himself above the law.

“No lawyer should be attacked for raising legal arguments in procedures during which he is assisting a client.

“This is the professional duty of the lawyer and any attempt to hinder him from carrying out his professional duties is a rampant breach of the basic principles of a fair hearing," the Chamber said. 

“If whoever is judging does not feel competent to listen and evaluate legal arguments, the solution is not for the arguments not to be made but for whoever needs to listen to be competent or have the necessary assistance.”

The chamber argued that no board, commission or similar body should consider a request not to hear a case as a personal attack, and much less react to such a request by threatening the person who would have made it.

These were basic and elementary principles, the Chamber insisted. 

The chamber noted that what was reported in the article was not an isolated episode and it was receiving several similar reports from lawyers who were being hindered while carrying out their duties.

Such behaviour should not be tolerated and the Planning Commission, as well as boards, commissions and similar organs which had a judicial or quasi judicial function should be reformed to ensure that whoever presided them, or at least one of the members of the board, had the maturity and necessary legal knowledge for such incidents not to be repeated.

The Chamber warned that the courts would be requested to give a remedy unless reforms were carried out by the legislator.