Process to appoint new magistrates 'in advanced stage'

New magistrates will be appointed in view of Magistrate Dennis Montebello's retirement in November and Magistrate Joseph Cassar's yesterday.

This was confirmed by a spokesman for the Justice Ministry who, when contacted by The Times, said the selection of the new magistrates "is in an advanced stage".

But what will happen to the pending cases of the two now retired magistrates? Sources said that, whereas new civil cases were being shared among other magistrates, pending civil and criminal cases were accumulating. This did not, however, apply to compilations of evidence which were being assigned to be heard by other magistrates.

In the meantime, the public was being informed through the media if their cases were put off. Notices to that effect were also posted on the Justice Ministry's website and displayed in court outside the magistrates' halls.

The increasing workload of the Magistrates' Court has long been a concern. In fact, in his speech at the beginning of the forensic year in October, Chief Justice Vincent De Gaetano insisted on the need for more magistrates and judges.

The Constitution lays down that a person can only be appointed magistrate if s/he served as a lawyer in Malta for a minimum of seven years.

Once a magistrate is appointed, by the President, the duties are then assigned on the advice of the Justice Minister in accordance with recommendations by the Chief Justice.

The Constitution also says that a magistrate must retire once s/he reaches the age of 60. It was this point that led Magistrate Montebello, who served as magistrate for 15 years, to file a judicial protest days before his 60th birthday.

He claimed he was being discriminated against, because, in terms of current law, he was due to retire when he turned 60 but the government was planning to amend the Constitution so that the compulsory retirement age for magistrates would be raised to 65. He wanted to be allowed to work until that age.

After nine years on the bench, Magistrate Cassar presided over his last cases yesterday. The former Parliamentary Secretary For Human Resources (1992 - 1996) turns 60 on Sunday.