[WATCH] Toni Abela is new judge, Grazio Mercieca appointed magistrate

Toni Abela made Judge

Former Labour Party deputy leader Toni Abela was sworn in as judge this morning, along with Gozitan lawyer Grazio Mercieca who took his oath of office as magistrate.

President Marie-Louise Coleiro Preca, Prime Minister Joseph Muscat, Attorney General Peter Grech and Chief Justice Silvio Camilleri presided over the appointments.

A lifetime spent in the political arena, Abela did not take any comments from members of the press "due to the new role".

The lawyers' appointments were confirmed on Saturday evening by the government as it announced that the Labour Cabinet had approved their nomination.

The government went to great lengths to state that “history was being written” with the two appointments. 

Magistrate Grazio Mercieca

“These are the first two appointments in history to be carried out in full transparency and scrutiny, and who will be joining the judiciary after undergoing the scrutiny of the commission,” it said.

The committee for judicial appointments is composed of the Chief Justice, the Attorney General, the Ombudsman, the Auditor General and the president of the Chamber of Advocates.

The government said that the process confirmed that both Abela and Mercieca enjoy the necessary expertise and satisfy several requirements to serve in the judiciary.

Abela, who up until February was Labour’s deputy leader for party affairs, submitted his nomination after he failed to win the approval of the European Parliamentary committee in his nomination for the European Court of Auditors.

He was one of the founders of Alternattiva Demokratika and also served as legal counsel to MediaToday. Abela graduated as a lawyer in 1984 and has since practised in the Maltese courts. 

Mercieca, a University lecturer and Gozitan lawyer, worked in the private sector for over 30 years and served as Justice Commissioner.

Both Mercieca and Abela have been active members of the Labour Party.

Mercieca thanked his parents for giving him the opportunity to get an education at a time when not everyone was not able to have this opportunity. 

"Today everyone can become a lawyer but back then it was a lot more difficult for people from a certain social class," he said.

Mercieca said that he will be dedicating himself fully to his new role, as he has always done in the past.

Abela also thanked his family as well as the Prime Minister and justice minister for the faith shown in him.

He said that up until not too long ago he was a servant of the law courts where he worker hard to get to the truth. He said that he is now a servant of the judiciary, a role which he will carry out with the same dedication.

Judiciary 'always rises above partisan politics' - Chief Justice

Chief Justice Silvio Camilleri praised both Abela and Mercieca saying that both were lawyers with great experience and knowledge with legal theory and practice. Camilleri also acknowledged the fact that both men have been active in politics in the past.

"This is not rare because it has always been the case that those in the legal profession are attracted to political system. Past experiences however have shown that the judiciary has always been able to rise above politics to administer justice with the necessary impartiality", said Camilleri. 

He said that the judiciary, owing to the nature of its job, will always be exposed to public scrutiny.

"As long as criticism is constructive then this is good and is ultimately the way it should be," he said.

Camilleri warned however against unfair criticism, especially by those who are part of the legal system, who  sometimes put forward criticism that is unfair, simply because they do not agree. He said that this risks putting pressures on members of the judiciary that could result in them being conditioned one way or the other.

President calls for review of practices involving children

Speaking at the swearing in of the two new members of the judiciary, Coleiro Preca said a review of certain practices relating to children and the justice system is required.

Referring to a recent case of alleged sexual abuse of a teenager at a state school, the President said that the system should ensure that the healing process can start immediately in similar cases. She said that it was not right that children were made to testify multiple times, sometimes in the presence of the person they are accusing.

The President distributed a copy of 'Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice' to all those present, including the Prime Minister and justice minister.

She concluded by expressing her faith in the two new appointees. "I am sure they are up to the task and will have no problem in leaving their 'old life' behind them," she said.