Robert Abela urges Alex Borg to say whether PN backs Scerri Herrera nomination

PM and Opposition leader have been communicating over the appointment of new chief justice through a series of letters

Updated 8.20pm

Robert Abela on Saturday urged Alex Borg to say whether the PN agreed or not with nominating Madam Justice Consuelo Scerri Herrera as the next chief justice.

The Prime Minister told the leader of the Opposition in a letter that while he was willing to continue discussions on the appointment, the government was insisting Scerri Herrera had the necessary credentials for the role. 

But in a short letter in response, Borg asked for a date and time to meet.

These letters are the latest in a series that the leaders of the two main political parties have been sending each other over the appointment of the person who will succeed Chief Justice Mark Chetcuti.

The new chief justice will need the backing of the government and the opposition, as a two-thirds parliamentary majority is needed for the appointment.

The chief justice is the head of Malta’s judiciary. Besides hearing some cases, the chief justice also decides which members of the judiciary hear which kind of cases.

Judge Scerri Herrera was appointed a judge in 2018 and has served as a magistrate since 1998.

On Wednesday, Justice Minister Jonathan Attard told Times of Malta the government had proposed Scerri Herrera for the post.

But Borg accused Abela of breaking a gentleman's agreement, expressing disappointment with the prime minister over the publication of the name of a prospective chief justice when the two had agreed to keep their discussions confidential.

However, the Prime Minister on Friday denied that he had any sort of “gentlemen’s agreement” with the Opposition leader regarding the secrecy of the nomination for the post of Chief Justice.

In a letter to Borg, made public on Friday, Abela said that the name of Consuelo Scerri Herrera had been formally communicated to the Nationalist Party leader in a letter dated January 28, following an informal mention on January 12.

On Saturday, Abela rejected Borg's argument that there was a long-standing practice governing such appointments. He noted that the previous PN leader - Bernard Grech - had publicly proposed three names for the role of Commissioner for Standards in Public Life.

Abela insisted that respect for the judiciary is shown by basing decisions on competence, credentials, experience, years of service, and the person's integrity. Disregarding such criteria in favour of "irrelevant" considerations would be unjust and of disservice to the public.

Opposition leader asks for a date and time

In response, Borg asked Abela to indicate a day and time that would be convenient for him to meet.

"In the spirit of the gentlemen’s agreement and confidentiality that was supposed to exist between the two sides in relation to discussions on a position of such importance, the Leader of the Opposition is not prepared to fall into any attempt to turn this matter into a political football," the PN said in a statement.

Borg wants to continue the discussions in a serious, discreet and constructive manner.

"This is what respect for a position of this nature requires, as well as the sense of responsibility and maturity referred to by the Prime Minister himself in his letter. Nothing more and nothing less."

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