The Association of Judges and Magistrates of Malta has complained about what it described as the persistent failure of the authorities to address, with a long-term plan, the acute problems within the courts. It said the problems are now on the brink of collapse.
“Justice,” the body representing the judiciary pointed out, “must be served within a reasonable time, however, to be able to do so, the judiciary has to be given the tools and resources to work with, something which, at present, the authorities are failing to provide.”
This explicit declaration is not only a grave indictment of the government, declaring it guilty of dereliction of duty. It is also a most worrying admission that a prime institution in the country – a main element in the administration of justice – cannot work.
The best the justice ministry could do to defend itself is argue that the government increased resources, is close to appointing new magistrates and building new court rooms, and is increasing the budget for the court to ensure more efficient justice.
This has been every administration’s line of defence whenever the issue of court delays crops up. It is now evident the judiciary has really had enough as the damning comments made in recent judgments also prove.
At the beginning of this forensic year, the chief justice himself warned of the justice system collapsing were it not for the input of judges, magistrates and the court staff. It is in everybody’s interest to ensure rule of law prevails and for justice to be done within a reasonable time.
The government is either ignoring the ‘collapse’ warning or is unable to do what needs to be done to address the matter in a robust manner.
The judiciary has to be given the tools and resources to work with, something which, at present, the authorities are failing to provide
The government speaks of numbers: more judges and magistrates being appointed and new court rooms being built. But even here it seems to have it wrong.
Take the latest appointment of three new judges. We now learn from the judiciary that, in reality, that will mean just one addition as two judges are set to retire this month. It says there is investment and work in progress on physical space, but the judiciary says it is mere sub-division of existing space.
What the chief justice, judges and magistrates want is long-term planning not crisis management or trying to solve problems in piecemeal fashion. They expect the government to invest in competent staff and adequate resources. Ultimately, this will ensure basic respect for any common citizen who has the misfortune of dealing with Malta’s law courts.
One question immediately comes to mind: what, exactly, has the so-called Court Services Agency been doing? It does not seem to have contributed much in ensuring an efficient justice system.
The “acute problems” in court remain and the judiciary deems such problems to now be “well beyond an acceptable level”.
Who will carry the can for this nightmare scenario the former chief justice Silvio Camilleri had warned about six years ago?
His main message then was not administrative and infrastructure problems the judiciary faced but a far more serious matter: the need for all three institutions with the powers to enforce the law – the police, the attorney general and the court - to carry out their duties without fear or favour. Otherwise, the rule of law cannot prevail.
A dark shadow hangs over the police and the attorney general already. Now, judges and magistrates fear they will not be able to deliver justice within a reasonable time.
Justice is facing dire straits.