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Writer's pictureAndré Delicata

Justice denied

Justice denied has become normalised in this country.

The Chief Justice Mark Chetcuti in his address on the occasion of the opening of the Forensic Year, touched on some of the reasons, citing two key ones.

One is a lack of adequate resources and infrastructure dedicated to the courts and the judiciary.

“Chetcuti observed that the Courts of Justice building was inadequate, with 47 members of the judiciary having to make do with 30 courtrooms which were also utilised by specialised tribunals.” Newsbook 1st October 2021

He also pointed out another issue. The need to establish a dedicated office for magisterial inquiries. This would reduce the workload on the courts

It would also address another problem that had been pointed out by Judge Vincent De Gaetano.

Vincent De Gaetano worked at the office of the Attorney General, was a judge for sixteen years, eight of them as Chief Justice, and sat on the bench in the European Court of Human Rights in Strasbourg for several years.

“the inquiring magistrate is functionally dependent on the Executive Police for the conduct of such an inquiry – magistrates not only do not have the time (with their enormous workload) to carry out complicated or complex investigations; but they neither have the appropriate specialised training for that, nor independent resources. So, let’s stop kidding ourselves please.” Judge Vincent De Gaetano at an event hosted by the President marking the 70th anniversary of the universal declaration of human rights

In other words, current magisterial inquiries do not ensure judicial independence as they depend on the executive.

The Minister for Justice Celine Dion aka Edward Zammit Lewis knows why justice in our courts is a travesty, despite his fanfare on the advances made in this area on his watch.

He just needs to address them if he truly wants Rule of Law and Justice to reign once again in Malta. But Ġaħan doesn’t want Rule of Law and Justice to reign once again in Malta, does he?

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