Magistrate expected to be suspended in first-ever case

Magistrate Monica Vella is expected to be suspended from her role in the coming weeks following a decision by the Commission for the Administration of Justice, which confirmed disciplinary proceedings against her.

The decision, which can be appealed one last time before the Constitutional Court, will mean that Vella – a former Labour Mayor of Xewkija, Gozo, appointed to the Bench by former justice minister Owen Bonnici in 2015, would become the first ever member of the judiciary to be suspended from her role.

Legal sources told The Shift that last week, the Commission for the Administration of Justice confirmed a decision made by the Committee of Judges and Magistrates earlier this year, finding the Magistrate guilty of administrative breaches and ordering a month’s suspension on half pay.

The sources stated that, following an appeal, the Magistrate was once again found guilty, and the same punishment was confirmed.

Known among colleagues for her lack of delivery and massive delays in issuing judgments, Magistrate Vella was accused of various administrative shortcomings last year.

Under the law, disciplinary action against members of the judiciary can be initiated based on a formal report from either the Justice Minister or the Chief Justice.

The identity of the individual who initiated the disciplinary proceedings against Magistrate Vella remains unclear, as all related procedures, including hearings, are conducted in secrecy. However, sources have confirmed to The Shift that the action against Magistrate Vella is related to her management of cases, which has resulted in significant delays in the administration of justice.

Last year, Judge Lawrence Mintoff publicly reprimanded the Magistrate for taking case files home and failing to return them. As a result, the Appeals Court had to defer the case several times until the files were made available.

Describing the Magistrate’s behaviour as “irresponsible,” Mintoff informed the Justice Minister, the civil court registrar, and the Chief Justice that the Magistrate’s failure to submit the necessary documentation had led the Appeals Court to postpone its hearings three times.

In 2021, Vella was reportedly accused in the Gozo Court of failing to submit VAT returns during her time as a lawyer. That same year, after several complaints, the Chief Justice relieved her of her duties at the Gozo Courts and reassigned her to less demanding work in Malta, including her role on the Rent Regulation Board.

Her pending cases continued to accumulate, with sentences taking years to be delivered. Senior legal sources told The Shift that while it was crucial to scrutinise the work of the judiciary to ensure that justice was served promptly, the Monica Vella incident highlighted the inadequacy of the current disciplinary process.

“It took years to reach a point where a magistrate was suspended for just one month for serious failures, and the process is not finished yet,” one said. “It is true that justice delayed is justice denied, and this principle also applies to the current disciplinary procedures against those who make decisions. A complete overhaul is necessary.”