The government is working on setting up a specialised court to deal with commercial and maritime cases, the Justice Ministry has said, adding that it was committed to continuing reforms to strengthen the justice system.
“The Justice Ministry is committed to further strengthen the system on all fronts, be it via improvements in the legislative framework, infrastructure, or human resources,” it said when asked for comment following the damning remarks made by a judge in the superior courts on several instances of mismanagement in court.
Times of Malta reported this week how Mr Justice Ian Spiteri Bailey lambasted the authorities over several cases of mismanagement in court stemming from a serious shortage of staff, which he said was having a drastic effect on the administration of justice.
He 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.
“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 said.
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.
Mr Justice Spiteri Bailey 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.
Contacted for a reaction, a ministry spokesperson refused to be drawn into commenting on the judge’s decision, saying it will “refrain from expressing any opinion on decisions taken by the court” out of respect for the independence of the courts as well as due to pending court proceedings in the same case.
He said, however, that challenges faced by the justice system should not be exclusively attributed to any one player within the system.
The ministry spokesperson said that, following discussions with Chief Justice Mark Chetcuti, the government was not only looking at the assignment of an additional judge to preside over commercial cases but was working on legislative reforms for the creation of a proper specialised commercial court. This will also encompass maritime cases.
The spokesperson said the ministry had recently published a call for the recruitment of three additional judges to further strengthen current resources and improve efficiency.
The Court Services Agency had this year engaged four new judicial assistants, seven new deputy registrars and 28 new court clerks – with an average increase of 10 per cent to its total complement. He added that all officials engaged must satisfy set requirements and are given thorough induction courses and continuous on-the-job training.
More courtrooms planned
Regarding physical space at the Valletta law courts, the ministry spokesperson said a new court hall was recently added to the Family Court building while more court halls and offices shall be made available at the building adjacent to the Family Court, with work starting in the coming months.
“These initiatives are testament to the ministry’s resolve for justice to be done, seen to be done and done in a reasonable time,” the spokesperson said.