'Hurt and frustrated': Simon Schembri trial date in limbo due to judge workload

A police officer who lost an arm after being run over eight years ago has said he feels “hurt and frustrated” after the court informed him that it could not set a trial date for his case because it is too busy.

“It cannot be right that victims like myself are forced to endure this stress. Every court appearance is a major source of trauma for me. I cannot sleep the night before a hearing, nor the night after, because I relive that moment,” Simon Schembri told Times of Malta.

In 2018, Schembri lost part of his arm after being run over in Triq Ħal Qormi, Luqa, near the Lidl roundabout. His injuries resulted in a 60 per cent permanent disability.

Liam Debono, 17 at the time of the incident, is accused of attempted murder and a raft of other charges related to that incident.

Following the compilation of evidence stage of the case, and a number of constitutional challenges, the case is now ready to go to trial, eight years after the incident.

However, on Wednesday morning, Judge Neville Camilleri said he was unable to give a date for the proceedings because he, like other criminal judges, was inundated with work.

He said he was frustrated with the system that had led to the current situation.

Speaking to Times of Malta, Schembri said victims were suffering because of court delays.

“Victims are not like any other witness. They go to court emotionally distraught.”

“I became disabled. Not only did I lose my hand, but my whole body is broken,” Schembri said.

“Of course, I feel frustrated and hurt. Decisions like this are toying with the emotions and lives of victims,” he said.

Times of Malta spoke to five criminal lawyers who said individual judges were not to blame for trial delays.

“The fact is that there is a bottleneck when it comes to trials because the procedures leading up to trials have become more efficient.”

Under Malta’s legal system, criminal cases that carry a penalty of more than 12 years must first undergo a compilation of evidence stage, which is heard by a magistrate before the case goes to trial.

Until recently, the Attorney General’s Office consisted of fewer than 10 lawyers. That low number meant the first stage of criminal proceedings was often delayed.

‘They do not have a million hands’

The number of prosecutors, however, has recently grown to 70.

“The number of magistrates has also increased, meaning that the compilation of evidence stage is more efficient now than ever before,” another criminal lawyer said.

All criminal trials are now presided over by only four judges: Edwina Grima, Consuelo Scerri Herrera, Natasha Galea Sciberras and Neville Camilleri, lawyers told Times of Malta.

“They do not have a million hands, so of course they cannot keep up,” one said, suggesting that the number of judges who preside over criminal cases should increase.

Others pointed to the fact that the physical space needed for holding trials remains limited, as only three courtrooms are large enough to host a panel of judges.

Another said cases have also become more complex, especially when money laundering is involved.

“If a file with 500 pages used to be considered complex, we now see cases that have 30,000 pages,” the lawyer said.

“Of course, that means that sifting through it all is far more difficult.”

One other praised a recent reform that allows people charged with drug trafficking to undergo a trial without a panel of jurors. “That has at least helped in some way to make the procedures more efficient,” they said.

Justice ministry reacts

Reacting to Camilleri's comments, the justice ministry told Times of Malta that, in recent years, substantial investment had been made within the Office of the Attorney General: today, the AG office is staffed by more than 70 legal professionals. 

"The presiding judge recognised the significant investment in judicial infrastructure, while pointing out that workload has continued to increase and that further resources are required.

"The government notes that since 2012, the judiciary has grown from 41 to 61 members, further supported today by 46 court attorneys and 54 judicial assistants. This week, we had the announcement of the appointment of two additional magistrates, a further step in addressing the growing demands on the justice system," a spokesperson said.

They added that every person who came before the courts deserved justice delivered in a timely manner.

"The government remains committed to ensuring this, and will continue to evaluate the measures necessary to respond to the evolving needs of the justice sector."