Magistrates Joanne Vella Cuschieri and Aaron Bugeja are likely to face the Commission for the Administration of Justice for being involved in business activities in breach of the code of ethics, government sources said.
This is a serious matter
Dr Vella Cuschieri is Emaco International Limited’s board secretary and Dr Bugeja is listed as company secretary of S & J (Euroasia Link) Limited and one of three legal representative of Tubeline Limited.
“This is a serious matter. It is likely they will have to appear before the Commission for the Administration of Justice after the Chief Justice is consulted,” government sources said.
The two magistrates’ roles in commercial entities date back to 2007 and 2004 respectively, when both still served as lawyers. It was possible, legal sources pointed out, that the firms that engaged their services had failed to submit the necessary documentation to drop them from their roles within the companies.
“Even if the magistrates now take immediate action to address this, should it stop there? They should still face the Commission,” the sources said.
The matter also raises questions on the due diligence expected to be done by the Justice Ministry before their nomination and appointment. Dr Vella Cuschieri was appointed in 2014 and Dr Bugeja in 2013.
According to the code of ethics “members of the judiciary shall not accept any post that could hinder them or restrict them in the full and correct performance of their duties”. Judges and magistrates “shall not engage in any activity that is in its very nature incompatible with the office they hold” and “shall not exercise any profession, business or trade”.
Though most of the serving members of the judiciary observe the code of ethics and relinquished all directorship and shareholding in commercial entities upon their appointment to the Bench, some serving magistrates are still occupying posts that are in conflict with their public duties.
The code of ethics allows members of the judiciary to hold shares in commercial companies, something which, in many other countries, would not be permitted. Research by this newspaper showed a number of magistrates in fact own shares in trading commercial companies. They include senior magistrate Anthony Vella and veteran Magistrate Consuelo Scerri Herrera, who is the owner of C.J.J. Nominee Company Limited together with her brother, Environment Minister Josè Herrera.
A number of judges also have shareholding in commercial entities, although none are serving in any directorship role. They include Madam Justice Abigail Lofaro, and Mr Justice Antonio Mizzi.
Mr Justice Anthony Ellul and Madam Justice Anna Felice have an insignificant shareholding, below one per cent, in two companies.