New specialised magistrates a positive step but still not enough, lawyers say

The appointment of four new magistrates to focus entirely on inquiries is a positive step forward, but still the beginning of what should be a wider reform of the system, prominent lawyers have said.

“It is the start of the journey, and we are just in the beginning. We have to monitor the system, and we have to continue tweaking towards taking it where we need it to go,” lawyer and University of Malta’s Criminal law Head of Department Stefano Filletti said.

Last week, Justice Minister Jonathan Attard announced government will be issuing a call for applications aimed at selecting new magistrates.

Figures tabled in parliament last April show there are nearly 1,700 magisterial inquiries which remain pending in Maltese law courts.

The issue of prolonged magisterial inquiries which stretch for years, and in certain cases decades, has been a constant criticism of the Maltese judicial system. The drive to introduce magistrates focusing solely on inquiries has long been promised and comes after evidence of the legal system heaving under the burden of unfinished inquiries.

Criminal lawyer Franco Debono, back then an MP on the Nationalist government benches, had first proposed to have magistrates focused solely on inquiries in 2008.

Reacting to the minister’s announcement, Debono said such a move is important for two reasons – to have truly independent magistrates, and to improve efficiency.

“It is from the police that magistrates’ courts should be especially independent and that’s why this is a huge improvement in our system,” he told this newspaper. “Having a magistrate investigate with the police, and then having to judge cases where the police are a party in the proceedings is not a desirable situation.”

Debono said specialised magistrates help raise standards and improve efficiency.

Désirée Attard who specialises in family and human rights law, said this is a positive step forward, but still not enough.

“The system is old, and we are moving forward, but not fast enough,” she said. “We need to digitise; we need to have magistrates who specialise on certain types of cases.”

“We need magistrates who are experts in the cases they are covering. It does not make sense to have a magistrate who specialises in economic crime, preside over a case concerning a domestic dispute,” she said.

She agreed with Debono that focused training for magistrates, who oversee certain types of cases, would help streamline the court system.

Filletti said it is a step in the right direction, because the “status quo is clearly not working”, but took a more cautious approach, saying one must see how such a reform will pan out.

“We have never had something like this in our judicial system, and while it is a positive step in the right direction it is difficult to determine what will happen,” he said.

He stated the reform should be constantly monitored and tweaked, insisting it should not be rushed.

“We also have to keep in mind that this is justice we are speaking about, and it should be done properly,” he said. “Whether it will be successful, it remains to be seen.”