A judge has lambasted the authorities over several instances of mismanagement in court stemming from a serious shortage of staff, which he said was having a drastic effect on the administration of justice.

Mr Justice Ian Spiteri Bailey said it was “unacceptable” that a court application took 20 days to be processed by the court registry, reaching his chambers so late that the applicants’ request had lost effect and become superfluous.

He called on the authorities to address issues of maladministration in court as soon as possible and ordered the notification of his decree to Court Services Agency chief executive Eunice Grech Fiorini, Justice Minister Jonathan Attard, the Commission for the Administration of Justice and the Chamber of Advocates.

He was ruling in a court case between two maritime companies which resulted in the judicial arrest of a vessel in Malta. The delay caused a precautionary warrant to take full executive effect, with disastrous effects on the impounded ship.

“This is another typical case that reveals the big problems with the administration of our courts and which have been raised time and time again in other judgments in the recent past. They are problems that are also impacting the progress of legal proceedings,” judge Spiteri Bailey complained.

“It is not acceptable that a judicial act takes 20 days to be processed [by the registry], even more so in a sensitive and important sector such as maritime, when everyone considers the sector an important one for our country,” he added.

The judge, who presides over commercial and maritime cases, said there were “many occasions” when injunctions or garnishee orders reached the presiding judge two weeks after having been filed in court, losing any effect.

“Deficiencies in the administration of the justice system in our country is leading to these incidents such as the one we are dealing with today,” he said.

In this case – a legal issue between two companies involved in the maritime sector – the administration of justice must be efficient and effective so to uphold the country’s reputation and that of its flag, the judge said.

'Lack of people qualified to process judicial acts with expediency, skill'

He said this was probably happening because of the severe lack of staff and an even bigger lack of people qualified to process judicial acts with expediency and with skill so that delivery can take place without delay.

He said such “obstacles” are also happening because the court administration only has one registry where all judicial acts are filed, regardless to which court they are addressed.

While every judicial act should be given its merit and importance, it is currently impossible for them to be filtered, given their due importance and quickly processed, he said.

“The court feels that the staffing problem and other problems in the administration of the court registry must be tackled seriously and without further delay because they are creating problems and obstacles for the best administration of justice and also creating a disservice to the public who resort to judicial action.

“Why should a lawyer who has done his job, as in this case, without entering into the merits of whether his client is right or wrong, end up in this situation [with an unfavourable decision] for reasons beyond his control. It is not fair on the client and neither on the lawyer.”

The judge reiterated his call for the introduction of a specialised court, on the same model as the Family Court, to preside over maritime cases, with its own registry and with adequate and adequately prepared and qualified staff.

'Staffing problems a stumbling block'

Meanwhile, speaking during a radio show on 103 Malta’s Heart on Saturday, former judge and current Ombudsman Joseph Zammit McKeon described staffing problems at the law courts as a stumbling block.

“The quality of support staff is lacking,” he told radio host and academic Andrew Azzopardi. “I was blessed to get a star, but not everyone is so lucky.”

McKeon said that while the Justice Ministry was trying to rectify the problem, it was harder than first appeared.

“Nobody wants to work at the courts. There’s a lot of stress there. People prefer to work quietly in another government department,” he said.

McKeon also highlighted problems with the law courts’ building in Valletta, saying it has become “too small”.

The court administration last week received a judicial letter from a group of 22 court workers who claim they have been ignored for years over overtime payments they are owed.

The group said they had no option but to file a judicial letter in a bid to get paid for the work they had carried out.