The Chamber of Advocates has criticised those members of the judiciary who hold sittings they deem urgent in packed courtrooms, saying they should show “some sensitivity to the unnecessary risk” of COVID-19. 

The chamber’s statement came after Melvin Theuma, a key witness in the Daphne Caruana Galizia murder case, tested positive for COVID on Thursday.

“Efforts have been made to try and find a workable solution and, in a number of instances, it has worked with the cooperation of all stakeholders,” the chamber told Times of Malta on Friday.

“However, there are still those instances when certain judges, albeit few, are taking a very liberal approach to what constitutes ‘urgency’ and keep holding sittings, which objectively can hardly be termed urgent and which would, therefore, require that lawyers and parties attend in court,” a chamber spokesperson said.

Theuma was taken to hospital after feeling ill while sitting in a packed courtroom where he was testifying in the compilation of evidence against Yorgen Fenech, the alleged mastermind behind the murder.

The chamber noted that some members of the judiciary were also timing the sittings in a way that was not “sufficiently well-spaced”, often causing more congestion.

“Certain judges” had adopted this attitude notwithstanding directives issued by both the Chief Justice and the chamber.

“We all know that the situation is not normal and, therefore, judges ought to show some sensitivity to the unnecessary risk to which they are exposing everyone else when they are fully protected behind huge laminated screens and after having been vaccinated,” the spokesperson said.

The chamber again urged judges to use their discretion on urgency in a more sensitive manner or “at least, opt to have sittings virtually”.

This is not the first time the chamber has voiced concern over the COVID risks in court.

Earlier in March, as the country was detecting a record number of new infections, it ordered lawyers to stay away from court sittings.

Chief Justice Mark Chetcuti has instructed all magistrates and judges to put off any non-urgent court cases to after April 11, when the current COVID shutdown is planned to end.

The Association of Judges and Magistrates said measures against the spread of the virus during court proceedings of an urgent nature are the responsibility of the administration of the courts, which follows instructions given to it, from time to time, by the Superintendent of Health.

Questions sent to the justice ministry remained unanswered.