An admission by the prime minister that he discussed sentencing with a magistrate is a grave one that merits further investigation, ADPD has said. 

The Green Party urged President George Vella to convene the Commission for the Administration of Justice to discuss the matter.

Abela’s behaviour, they said, constitutes a threat to the independence of the judiciary because it applies unacceptable pressure on it from the political and executive branch of the state.

Prime Minister Robert Abela said last week that he had spoken to a magistrate about the way in which convicted criminals were being sentenced by the judiciary. The magistrate, he said, had replied that even when magistrates dished out tough sentences, these were inevitably reduced on appeal. 

Members of the judiciary must abide by a code of ethics that precludes them from speaking directly to members of the executive, to ensure a separation of powers. All such communication should go through the Chief Justice. 

The admission by Abela drew a chorus of complaints, including statements from the Opposition, Chamber of Advocates, rule of law NGO Repubblika and ADPD itself. 

In its initial statement, ADPD had said the issue should be looked at by the  Commission for the Adminstration of Justice, a body made up of the president, lawyers, judges, the attorney general and representatives of the government and opposition that is tasked with overseeing the work of the court system. 

ADPD chair Carmel Cacopardo reiterated that message during a press conference on Saturday. 

ADPD members speaking on Saturday outside the Valletta law courts. Photo: ADPD

If Abela was comfortable pressuring a magistrate when it came to sentencing, what other pressures was he applying without public knowledge, Cacopardo asked. 

“Those who abuse once will be more inclined to continue to do so, more so if he feels that there will be no consequences,” he argued. 

Cacopardo also noted the hypocrisy of various MPs who demand tougher sentencing while speaking as politicians, but then push for the opposite in the course of their private professions. 

Being a member of parliament, he said, should be a full-time job and MPs should be forbidden from having any other form of employment. 

ADPD deputy chairperson Sandra Gauci also spoke during Saturday’s press conference. She criticised Abela for the partisan nature of his speech. The government has a representative on the Commission for the Administration of Justice, she noted, and Abela could have asked them to raise sentencing concerns in that forum. 

Instead, Abela had resorted to a political speech at a Labour club. This, she said, contributed further to a lack of trust in public institutions.