A magistrate's comparison of a lawyer's behaviour in the courtroom to that of a 'whore' and the 'worst criminal' is "grossly disproportionate", "totally inappropriate, unacceptable, and intolerable" according to the Chamber of Advocates.

The chamber was reacting to an incident on May 30, during which PN MP Janice Chetcuti claimed magistrate Yana Micallef Stafrace compared her to a 'whore' after the lawyer greeted her cousin with a hug and a kiss on the cheek in a courtroom.

The magistrate reprimanded Chetcuti and another lawyer, Melhino Mercieca, for "kissing during a court sitting" and asked the chamber to look into the matter. 

A court minute recording the incident reads: “The court deplores the conduct of Dr Marino (sic Melhino) Mercieca and Dr Janice Chetcuti who felt it was opportune to be kissing during a hearing. The Court considers this conduct to be highly disrespectful to it and orders notification to the Chamber of Advocates for any provision it deems appropriate".

The chamber looked into the matter, interviewing Chetcuti herself and other members of the profession who happened to be in the same hall at the time of the incident.

In a statement on Friday, it said that Mercieca greeted Chetcuti "with a short hug and possibly a peck on the cheek that lasted a few seconds".

While this kind of greeting was "certainly not appropriate conduct" and fell below the decorum expected of lawyers in a courtroom, a simple verbal warning in the circumstances would have been in order, the chamber said.

The simple and friendly greeting between cousins might have surprised colleagues, however, it was "certainly not such a grave act of misconduct that shocked anyone there".

"What was extraordinary and indeed shocked other lawyers who happened to be in the same hall at the time, was the magistrate’s disproportionate reaction to what is ultimately a minor infraction of conduct on the part of the two lawyers," the chamber added.

'Magistrate's reaction and foul language of much greater concern'

In its investigation, the chamber found the magistrate's reaction of much greater concern.

Instead of a simple subdued admonishment, the magistrate "thought fit to resort to an outburst of foul language and conduct that has been described by lawyers who happened to be in the hall at the time, as a frenzy", the chamber noted.

"To compare Chetcuti’s conduct to that of a 'whore' and the 'worst criminal' during an open court sitting presided by that magistrate, apart from being grossly disproportionate in the context of the incident, is totally inappropriate, unacceptable, and intolerable."

The chamber said it took a very serious and firm view when its members were subjected to humiliating treatment by a member of the judiciary, and "to add insult to injury", in front of the lawyer's own clients and peers.

It added that other, "somewhat descriptive language" was used by the magistrate.

Such a disproportionate reaction was "grossly unfair" towards the advocate herself and others who go to great lengths in safeguarding the reputation of the judiciary through their daily efforts in court, some of which against all odds of a lack of resources and administrative support.  

'Magistrate misjudged greeting for erotic, sexual act'

While not condoning the lawyers' transgression of conduct, the chamber said it would not tolerate that its members were humiliated, or bullied, by a member of the judiciary "who completely misjudges a simple greeting hug for some 'erotic' or 'sexual' act, words used by the magistrate in her outburst in court".

It added that the description used by the court in its communication to the chamber was, at best, misleading, as the incident cannot be properly and faithfully described as “li dehrilhom li għandhom joqgħodu jitbewwsu waqt seduta”.

The use of the term “joqgħodu jitbewsu”, it said, gave the impression of some continuous act, which did not fit the facts as they occurred.