Repubblika, AG to appeal in judicial appointments case

The court hearing Repubblika’s case in which the civil society group are seeking to nullify controversial judicial appointments has granted both the group and the government leave to appeal, underlining that the appeals should be treated as urgent.

Mr Justice Mark Chetcuti presiding the First Hall of the Civil Court in its Constitutional jurisdiction was hearing submissions after his decision handed down a week ago in which he had found that Repubblika did not have a juridical interest in the issue under Maltese law. The court had held back from giving a decision about whether the case should be referred to the European Court of Justice, reserving that decision to a later date.   

Repubblika is seeking to nullify the appointment of six new members of the judiciary, saying no new members should have been added to the bench until a revised system of appointments was in place.  

As the case proceeded this morning, the Court heard submissions by lawyer and former Opposition leader Simon Busuttil, who is assisting the applicants. Busuttil argued that if the AG’s request for leave to appeal were to be upheld the appeal would be dragged out “possibly even to next year.”

This would mean that meanwhile, the six newly-appointed members of the judiciary would have decided “hundreds of cases which could be nullified,” Busuttil insisted.

“There is far greater urgency for this case to move forward and possibly to go to the European Court for a decision of the system of judicial appointments,” he continued, describing the case as “a matter of national urgency and if the leave of appeal is upheld, the case will be shelved.”

Repubblika was also willing to withdraw its own appeal if the government did the same, the court was told.

On his part, Attorney General Peter Grech argued that the scenario depicted by Repubblika “would apply to all members of the judiciary,” adding that, “these six had nothing different from the others.”

“The administration of justice cannot grind to a halt simply because of allegations raised from time to time. The justice system must continue. Today all we have is an allegation and an allegation is just that, nothing more,” Grech submitted.

After hearing submissions by both parties, the Court upheld both parties’ request to appeal, declaring that such a “sensitive” issue merited direction from a superior Court, namely the Court of Appeal.

The judge emphasized the urgent nature of the matter at hand and requested that the appeals be treated with urgency.

The case will continue in June.