Undue pressure upon members of the judiciary by the media, intended for purposes that lie beyond the search for truth and justice, are neither acceptable nor excusable, Chief Justice Mark Chetcuti said on Friday in his speech at a ceremony ushering in the forensic year. 

“Let us remember that the pen is not a weapon but a shield in the search for truth, a virtue to which all should aspire,” said Chetcuti, devoting a part of his speech to the media and all those who posted public comments about court cases and presiding members of the judiciary. 

This was more often the case when proceedings presented highly debatable political issues or matters of public interest. 

Although criticism was part of the price each member of the bench had to pay, there is a limit to what should be deemed as acceptable and in a society supposedly structured upon personal dignity, such criticism should bear a sense of “human decency”, he said.

Public opinion expressed in an irresponsible manner may result in unbridled criticism, sometimes descending into personal insults targeting individual members of the judiciary.

Members of the judiciary at the opening ceremony of the forensic year. Photo: Jonathan BorgMembers of the judiciary at the opening ceremony of the forensic year. Photo: Jonathan Borg

And this is where the media and all those responsible in influencing public opinion must shoulder an even greater responsibility, Chetcuti added.

He said that every informative and investigative report must be founded not only upon the right to freedom of information but also a genuine search for the truth.

Criticism should be constructive and not manipulative, intended to serve the common good.

Undue pressure on judges and magistrates, especially when proceedings are still ongoing, is not acceptable nor excusable, he continued.

The chief justice said that incorrect factual reporting of court decisions, reaching inaccurate conclusions or based upon suggestions or gratuitous insinuations, unsupported by ascertained facts and intended solely for sensationalism, is not permissible. 

 On the other hand, no one is above the law and that also applies to each member of the judiciary who must be held accountable for his actions and is subject to the rules of appropriate behaviour and discipline. 

Turning to the challenges faced by the judicial system, the chief justice observed that these were to be addressed in a holistic manner rather than in crisis management style and  piecemeal approach. 

The court edifices were too small to handle with utmost efficiency the ever-increasing workload and figures spoke for themselves. 

There were 47 members of the judiciary but only 30 courtrooms to be allocated, not to mention the lack of adequate staffing with courts’ administration doing its utmost to handle the pressure. 

The time was ripe for reform not only in the manner compilation proceedings were conducted but also in the case of magisterial inquiries. 

Having magistrates who are specialised in conducting inquiries, working together with forensic experts, all housed in one building and provided with all the necessary equipment, would greatly relieve the pressure currently shouldered by the Magistrates’ Courts and speed up magisterial inquiries. 

Attracting adequately trained and academically competent persons to work in court was another challenge, Chetcuti said.

He said that the efficiency of the “wheel of justice” depended upon the quality of the “fuel”. He observed that, in spite of limited means, the judicial system would continue to strive to be a pillar of democracy. 

 

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