The importance of timely decisions

When it comes to justice and the courts, a common complaint by John citizen is the seemingly eternal limbo captured in the phrase: “Meta tidħol il-qorti taf iżda meta toħroġ Alla biss jaf” (You know when court proceedings start but only God knows when they will end).

Another saying goes: “Il-Qorti tidħol b’pass ta’ debba u toħroġ b’pass ta’ nemla” (You enter court on the trot but exit at an ant’s pace). And worst of all: “Il-Qorti idħol meta għandek tort” (Go to court when you are at fault).

These sayings are all fruit of popular experience by those who along the years had to deal with the courts. The scenario may have improved somewhat over recent years with the introduction of alternative dispute resolution methods, increased efficiency in the manner the judiciary is working and other legal changes. The situation today is very far from the one I knew when I was a lawyer in my early years of practice. That was a time when the court corridors were literally congested with a moaning public and when it was a rare thing to be given a timely decision.

I reckon that during that period, the average time for a case to be decided was between five to 10 years or even more. Today, a case exceptionally takes more than five years and in appeal a startling one to two years. At that time, it took as much as five years for the appeal to be appointed let alone decided promptly. This mainly concerns civil cases because criminal cases are another kettle of fish altogether. However, even in criminal cases matters have somewhat improved albeit there is room for more improvement.

But one may ask, why is it that decisions should be timely. The axiom ‘justice delayed is justice denied’ says it all. Timely justice is the very essence of the principle of due process of law, which amongst others warrants that disputes be put to rest without undue delay. The European Court for the Protection of Fundamental Human rights has incessantly harped on this matter and insisted that whatever the reasons, the buck stops with the judiciary.

A number of benefits are reaped when decisions are issued promptly. At the fore front, public trust is buttressed, in that people must believe that the legal system is equitable, efficient and fairly accessible. The public expects that rights and remedies of all parties to a case are not forestalled or unnecessarily delayed. In particular, victims to a crime or in a suit of civil damages, are always stressfully waiting for a closure.

It is also important to remember that decisions preserve societal order. I remember Judge Gianninu Caruana Demajo telling me, that what is expected from the judiciary, particularly in the civil field, are not lengthy erudite judgments (although they do no harm) but clear and if possible, short decisions that put an end once and for all to a dispute between the parties. Decisions given in a timely manner, avoid parties taking the law in their own hands, which undermines public order and the rule of law.

Unreasonable delay in delivering decisions also impairs evidence. Material evidence may shrivel, memories may fade, and important witnesses may no longer to be found. Delays may also prejudice alternative remedies because of prescription or procedural limitations. But an unreasonable wait for a decision, undeniably causes stress and financial loss.  This becomes evident when matters have taken so long to be decided, that the judgment cannot effectively be executed because there is nothing to execute on or against.

Decisions include, not only final and conclusive decisions, but even those taken along the way during the hearing of the case. An adjournment is in itself a kind of decision. This is why long adjournments are to be avoided, when shorter periods between a sitting and another are available. The law allows for adjournments that do not go beyond two months.

Furthermore, decisions that are provisional or ad interim are to be taken swiftly and without any dillydallying. This particularly applies when there is at stake the freedom of a person and family issues, such as the provision of maintenance, visitation rights and urgent needs of the child. These are ongoing problems that call for prompt and equitable solutions to avoid stress and suffering.

Dithering and tarrying are the worst enemies of justice