Judge bashes poor court administration for leading to miscarriage of justice

A senior Judge of the Superior Courts had strong words about the current state of affairs at the law courts, which, he said, is leading to the miscarriage of justice.

In a court decree involving the arrest of a vessel, Judge Ian Spiteri Bailey lashed out at how the current lack of resources and skills has become the order of the day.

He complained that in this case, and many others, the Court is being constrained in its work due to the inefficiency of the court’s administration.

The case in question was supposed to have been treated with urgency, but Judge Spiteri Bailey said that it had taken the court administration 20 full days to process a necessary application on a case that was meant to have been urgent.

This meant that the urgent decision expected from the court could not be delivered on time, with the consequence that the case’s intention had practically fizzled out with time.

“This means that due to the delay in processing by the court registry – which took 20 days to process an urgent application – other circumstances, both legal and factual developed, completely affecting procedures,” the Judge said.

Observing how the case was typical of the current state of the administration of justice, he said that “these problems are now impacting the delivery of justice itself” in areas such as the maritime sector in this case and in which Malta’s international reputation is at stake.

“It is not acceptable that a judicial act takes 20 days to be delivered to a Judge,” Spiteri Bailey said.

Directing his harsh criticism toward the government and the Court Services Agency, the Judge identified the lack of qualified personnel as the main reason behind the ongoing crisis.

He said that all this is happening as the court is massively lacking in the number of staff it requires, particularly in those with the necessary skills.

Judge Spiteri Bailey also criticised the fact that all court applications are being processed by the same registry, which does not even have the necessary tools to work.

He suggested that the court should have separate registries, including some specialised in certain areas such as maritime affairs, intellectual property rights and certain commercial sectors.

Court delays in Malta have been a massive problem for decades but the situation has been aggravated in recent years.

This was also confirmed by the EU’s latest Justice Scoreboard, which compares the delivery of justice across the bloc and which placed at almost the end of the table when it comes to efficiency.

Justice Minister Jonathan Attard insists the government is committed to delivering “courageous reforms” and investing in infrastructure and administrative resources to achieve “the best possible results”.

Judge Ian Spiteri Bailey’s decree can be read here.

                           

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Paul Henry Berman
Paul Henry Berman
8 months ago

Justice Minister Jonathan Attard is another politically appointed clown without the knowledge and experience to do the job, just like all the other appointees, Mintoff for all his crimes at least had deputies who could do a job, this lot just get dumber the further down the food chain you get

charles camilleri
charles camilleri
8 months ago

Read Dr J Bonello’s writing about the state of the courts during Mintoffs glorious years.

Ajeje
Ajeje
8 months ago

Why does the local judiciary keep ignoring Maltese characters when dishing out their Maltese sentences? Can’t this risk invalidating their judgement?

Martin
Martin
8 months ago

Justice minister, wake up , red bull gives you wings.

Francis Said
Francis Said
8 months ago

My usual comment is one. Bad administration of taxpayers’ funds by this PL government.
Millions of Euros spent on frivolities, incompetent persons of trust and political (friends of friends) appointed to high posts within government and it’s entities.
Unfortunately no real investment in the areas where the rule of law is critical.
No plans to diversify our economy and employing foreign cheap labour that are not trained for the jobs that they are assigned to carry out. A case in point the tragedy of Jean Paul Sofia comes to mind and many other instances that happen on a daily basis.
SHAME to this incompetent and corrupt PL administration.

wenzu
wenzu
8 months ago

Justice Minister Jonathan Attard- another incompetent gear wheel in Abela’s failed engine.

makjavel
makjavel
8 months ago

Minister , excuse the pun, Jonathan Attard cannot even tie his shoe laces of the job he was given. We have a Cabinet where ALL OF THEM HAVE REACHED THEIR LEVEL OF INCOMPETENCE. It is called Peter’s Principle . Not , not PETRUS , but that definitely helped in the speed of INcompetence qualification.

Mark
Mark
8 months ago

in fact in Malta they only waste time, because they don’t have the courage to take decisions against the powerful and because they think that people forget things..

Joseph
Joseph
8 months ago

For sure the justice is incompetence way. Very simple because the government represents gahan country people and the acolytes. They employ people whom they know of yes colour and that is absolutely wrong that leads the country to a cemetery of thieves and criminals. Min jistana u jisraq l’aktar.

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