Justice Minister frustrated over reluctance by some judiciary members to use technology

All court halls are now able to host remote sittings and government expects the judiciary to use this technology, Edward Zammit Lewis said.

The Justice Minister was speaking during a consultation seminar organised by MIMCOL on government’s economic vision for the next 10 years that focussed on the rule of law and good governance.

In a frank exchange, Zammit Lewis did not hide his frustration at the few magistrates and judges who remain cautious of the advantages offered by digitisation.
“We also need a change in mentality. We should not be in a position where we have to convince a particular judge or a particular magistrate to use this technology after this investment. We should not have to convince them not to not subpoena a medical consultant to the law courts when we have all the digital facilities at Mater Dei that are connected to our law courts,” the minister said.

Zammit Lewis said that such comments may elicit criticism that he is impinging on the independence and impartiality of the judiciary but insisted that more efficiency was needed in the law courts.

He described the changes to the rules governing impeachment and discipline of judges and magistrates as a breakthrough since now members of the judiciary will be judged by their peers.

“Judges and magistrates are also accountable for their actions. In the past whenever impeachment was necessary the process got blocked in parliament. We removed this and judges and magistrates will now be judged by their own peers, a situation that will reap positive results in the coming months and years,” he said.

Zammit Lewis said government had to invest more in the judicial system to ensure justice is delivered fairly and in a timely manner.

He also called on regulatory authorities to embrace principles of due process and just satisfaction so that practitioners and companies that fall under their purview will not have to resort to court litigation when faced with administrative fines or sanctions.

Chamber of Advocates President Louis de Gabriele, also present for the seminar, said Malta needed more judges and magistrates but to do so, more investment was required in trained support staff.

He said that after the digitalisation of court halls that allows virtual sittings to take place, the next hurdle is the digitalisation of the court registry.

“I should be able to file a judicial act from my lap top or phone without the need to physically go to the registry,” de Gabriele said.

He also called for an overhaul of the Code of Civil Organisation and Procedure since it imposed “obsolete practices”. 

“This law needs to be reviewed so that work practices are amended and bureaucratic processes that today serve no purpose are eliminated,” he added.