Scerri Herrera fails to obtain two-thirds majority for chief justice post

Updated 7.30am Thursday

A government motion to appoint judge Consuelo Scerri Herrera as chief justice failed to obtain a two-thirds majority in parliament on Wednesday.

The motion obtained 39 votes in favour and 34 against. 

The debate and vote, which were held at the last minute following a public appeal by President Myriam Spiteri Debono, will however mean the incumbent chief justice, Mark Chetcuti, can remain in the role until a replacement is agreed upon.

Chetcuti, who turned 68 on Wednesday, was due to go into retirement as of Thursday.

A ruling by parliament’s speaker had concluded that a vote on his replacement had to be taken before then to allow him to stay on provisionally and ensure the chief justice role was not vacated.

The government went public with its decision to back Judge Scerri Herrera for the role last week. Opposition leader Alex Borg is understood to have proposed four other names for the role.

Prime Minister Robert Abela claimed in parliament, however, that Borg had initially also suggested Scerri Herrera for the post, and suggested another appointment "elsewhere" to appease PN MPs who did not want to back Scerri Herrera. 

Borg responded in parliament by saying that was a lie and that he was willing to take an oath to state that he had not spoken to Scerri Herrera. 

Abela claimed that Borg was only backing away from the Scerri Herrera nomination because she was opposed by "[NGO] Repubblika and the PN's extremist faction." 

The appointment of a chief justice needs the support of two-thirds of the members of the House. The law does not provide for an anti-deadlock mechanism that can force through a nominee if no two-thirds majority can be achieved. 

Wednesday's debate was opened by Justice Minister Jonathan Attard, who insisted that Scerri Herrera has all the requisites to serve as chief justice and alleged that some Opposition MPs quietly backed her for the post.  

As the debate heated up, the Prime Minister and the Opposition leader exchanged barbs and jibes, with Abela accusing Borg of doing the bidding of lawyer and former MP Jason Azzopardi, and the latter saying the prime minister did not even respect his own MPs, as he had not discussed nominees with them. 

By publicly nominating Scerri Herrera without prior agreement, the government had damaged the judiciary by casting it into the political arena, Borg added.  

President calls for agreement

Wednesday's parliamentary debate was agreed upon following a public appeal by President Myriam Spiteri Debono. 

The President met Justice Minister Jonathan Attard on Wednesday morning to discuss the matter. Opposition leader Alex Borg was seen entering and leaving San Anton Palace later in the day.

Those meetings were organised following a Tuesday evening ruling by Speaker Anġlu Farrugia, who ruled that the sitting chief justice could only stay on until a replacement is appointed if a vote on that replacement took place by midnight on Wednesday - the last minute of Chief Justice Mark Chetcuti's 68th birthday. 

Judges are required by law to retire at the age of 68. 

Alex Borg seen at San Anton

Opposition leader Alex Borg was filmed entering the President’s office at San Anton Palace late on Wednesday morning. He was filmed leaving after an hour or so.

Contacted for comment, a spokesperson for the Nationalist Party said he would not disclose what the two talked about.

“What is said between the Leader of the Opposition and the President is confidential,” the spokesperson said.

Alex Borg seen leaving the president's palace.

In a video posted to social media, Justice Minister Jonathan Attard accused the Opposition of "endangering national stability" by having blocked an attempt to move a vote on government nominee Scerri Herrera on Tuesday.

The minister said he met with the President at her request and would not be divulging what the two said. 

"We are calling for an agreement to place the vote on today's parliamentary agenda for a vote, to respect the Speaker's ruling," he said. 

In a statement after the parliamentary sitting, the Labour Party said Alex Borg did not deny that he supported the Scerri Herrera nomination during the talks with Prime Minister Robert Abela.

"The attitude of the Leader of the Opposition in Parliament during this evening's sitting showed that the Leader of the Opposition was not being honest with the parliamentary group of the Nationalist Party. The position taken tonight by Alex Borg against the nomination of Dr Scerri Herrera shows that it is dictated by extremist forces that still dictate the position taken by the Nationalist Party," the PL said.

The Nationalist Party said Abela should never have put forward a nomination of a person, only to have her embarrassed.

"The appointment of a Chief Justice is not a talent show, nor an opportunity for political calculations. The people expect politicians who strengthen and respect the judiciary, not those who weaken it through a “take it or leave it” approach," it said. 

In a separate Facebook post, Borg reiterated that he never nominated Scerri Herrera for the post.

This was the biggest false declaration that Abela had made in parliament, Borg said, adding he was still in shock at how Abela had lied in front of the nation.