Chief Justice Mark Chetcuti has so far refrained from taking remedial action in the interest of the administration of justice as a growing legal battle between an estranged couple – a Magistrate and a lawyer/Commissioner for Justice – is leading to delays and postponements in the courts.
Senior court sources, including members of the judiciary, speaking informally to The Shift, said that the delicate situation involving the estranged couple – Magistrate Nadine Lia and Commissioner for Justice Alessandro Lia – needs to be tackled by the Chief Justice and the Justice Minister because it is now reaching unacceptable levels.
“Without entering into the merits of the litigation between the couple, which has already led to criminal charges being filed against both of them, the issue is now leading to court delays. This is unacceptable,” one senior member of the judiciary said.
“In the interest of the administration of justice, both the Chief Justice and the Justice Minister have the power to intervene, but for some unexplained reason, this has not happened, and the problem is growing,” another member of the judiciary told The Shift.
Despite their ongoing and highly acrimonious litigation before Magistrate Lara Lanfranco, who is assigned cases of domestic violence, neither Magistrate Lia nor her estranged husband Alessandro Lia have stepped back from their duties and have continued with their work.
While Magistrate Lia continues to hear cases, Alessandro Lia continues to act as a government-appointed Commissioner for Justice while also appearing as a defence lawyer before other members of the judiciary.
As an example of how the situation is taking a toll on court proceedings, Magistrate Lia last week had to recuse herself from a case because one of the parties’ lawyers is defending her husband against her before Magistrate Lanfranco.
Alessandro Lia has, meanwhile, had to ask for another magistrate’s recusal from a different case after claiming the magistrate was a friend of his estranged wife.
“This is a farce that needs a solution. It is unfair that litigation between a couple, no matter what it is about, prevents common citizens from obtaining justice as efficiently as possible. An intervention is justified and already late,” one senior lawyer familiar with the situation said.
According to the law, Chief Justice Mark Chetcuti has the power to remove cases from Magistrate Lia until her personal issues are settled. This has been done before in other instances by other Chief Justices.
In the case of Alessandro Lia, Justice Minister Jonathan Attard can suspend him from his duties as a Commissioner for Justice. Veteran lawyers speaking to The Shift have also questioned how he has not suspended himself from the role until he is cleared, considering the nature of the charges he is facing before Magistrate Lanfranco.
But nothing, so far, has been done and the wheels of justice are, according to sources in legal circles, being clogged on a daily basis.
The issue becomes even more complicated when considering that Alessandro Lia’s father, veteran lawyer Pawlu Lia, who has served as Labour’s main lawyer for the past decades, is also a member of the Commission for the Administration of Justice.
This Commission has the power to investigate and recommend the impeachment of members of the judiciary, which naturally includes his daughter-in-law.
While many have for years been critical of Lia’s position on the Commission, insiders of legal circles have suggested that is the reason neither the Chief Justice nor the Justice Minister has taken any form of action to at least temporarily mitigate the impasse.
In addition to serving as Justice Commissioner, Alessandro Lia, through his close connections with the government, also has a number of other government appointments, including as one of Labour’s representatives on the Broadcasting Authority board.
Corruption of JUSTICE at its best.
Were does this stop? Gotham City is a better place to be. At least Batman took care of the crooks. Here crooks are protected by the corrupt law enforcers.
Some may smile . It started with Muscat renting his car to himself, then Daphne was killed and everybody went silent. 7 police commisioners , the AG , the Chamber of Lawyers , the only heroes are Republika and their lawyers.
Should the PN put an impeachment motion in Parliament to force labour’s hands into the shit even more. A judge cannot keep its place while being judged at a separate court .
What PN? They’re fast asleep if not moribund. A total shambles of an Opposition Party led by a bumbling buffoon…
Seems your preference goes for confidence tricksters and prime ministers who talk to themselves. Those are certainly self serving from the public coffers loud mouthed liers. Those keep their messups secret and refuse to be investigated. What PN? That party that brought Malta back from the depths of Mintoff’s disaster .
It is clear that you do not follow nor take part in the NP’s activities.With people like you the LP has a long stay in Govt
Buffoons are those who blame others when it is this gov who has filled the courts with chosen people who are ready to do as the gov wants and who a times do not know their place. PN have done their part in presenting documents and were told that the boxes they presented were empty Remember?
Fred the Red is a dead giveaway of a frustrated Labour supporter who has been duped by the criminal gang of Castille.
There isn’t enough space to explain what the PN has done for this country by restoring democracy when Malta was at the verge of complete chaos under the old Labour regime.
We’re now back to a worse chaos than we had in the 70s and 80s, because back then, with our belts tightened to the last hole and facing empty grocery shelves and having to wait for a tanker to have water to drink, now we have enough money to buy water thanks to millions coming from the EU, some of which Booby’s gang use to buy votes with!
While Labourites, in spite of being bamboozled by their own Party, continue to swallow what PBS and One feeds them daily, the PN is the only Party which defends all Maltese citizens irrespective whether they are reds or blues.
Love it, Political Courts? Book burning won’t be far away! The System works he says!! A Judicial System that needs to be pulled down and start over. Only in Malta.
The whole Justice System needs a total overhaul and common sense prevailing.
As this is a family issue, which unfortunately is causing delays, confusion and a total lack of respect from us the normal citizens, including those that require the Courts to seek justice.
There is only one solution. The Magistrate should call in both litigants and concentrate solely on their case, in the shortest time possible. Meanwhile both litigants should suspend themselves from their duties, until the case is decided upon.
No. This fad of ‘self suspension’ must be outlawed. It carries no weight and merely smells of the mafia having a laugh.
The Courts will not necessarily save us. And this holds good throughout.
A court led by bonkers
A court of comedians.
Crooks sitting on the the Bench
Chief Justice and justice minister please wake up and do something for the sake of our country.
If the Hon Magistrate Lia and her husband want to prolong their personal family, civil or criminal issues among themselves, l see no problem. However, when it starts to impede, invade and obstruct other litigant’s rights to timely adjudication of their issues, then our Hon Chief Judge, the Hon Minister of Justice and the Commission, all should sua sponte intervene. Most important father attorney Lia must recuse himself from hearing the matter before the Commission. Justice Delayed IS JUSTICE DENIED. Stop this obstruction and foolishness.