17 years in court for libel... and counting

Justice Reform Commission has proposed changes to legal framework to cut waiting times, fast-track appeals

A case dating back to April 1997 is just one of 185 cases of defamation that are still pending the Maltese law courts, minister of justice Owen Bonnici revealed in parliament this week.

A holistic reform of the justice system has been one of the government’s main priorities since gaining power in March last year: one recommendation from the Justice Reform Commission, which was charged with proposing the necessary changes to the legal framework, has focused on speeding up court cases to significantly reduce procedural time-frames, waiting periods between hearings, as well as fast-tracking appeals.

But a cursory look at the number of pending libel cases reveals just how extensive a reform is needed. The figure of 185 pending libel cases was issued this week in parliament by Bonnici in response to a question by Nationalist MP Censu Galea.

The minister was also asked how long the cases had been ongoing, including those which had been appealed.

The case which dates back the furthest began on 29 April 1997, and has been awaiting a judgement since 28 January 2004: it involves former Nationalist minister Louis Galea, who accused Etienne St John with defamation, with a judgement now expected to be handed down on 30 October.

There are five pending libel cases at the Superior Court of Appeals, 16 at the Inferior Court of Appeals, seven in the First Hall of the Civil Court, and 157 at the Court of Magistrates. Eighty-five of these cases have been deferred.

In the Superior Court of Appeals, one case dates back to 15 November 2013 and has yet to be heard, while in the Inferior jurisdiction, a case was opened on 13 November, 2012 and has also since been deferred.

The longest pending trial at the Court of Magistrates goes back more than a decade to 23 July 2003, and it was put off for evidence.