Judge Wenzu Mintoff accuses Prime Minister of interfering with judiciary and being ‘compromised’

A letter sent by sitting Judge and former Labour MP Wenzu Mintoff to Cabinet Secretary Ryan Spagnol, copied to all Cabinet members, has triggered what legal sources describe as one of the most serious confrontations between the judiciary and the executive in recent years.

The letter was partially leaked and published by The Times of Malta. However, some of the most serious allegations were omitted from the published version.

In the letter, Mintoff accuses Prime Minister Robert Abela of interfering in matters related to the appointment of the next Chief Justice and of being “compromised” to such an extent that he should not participate in determining who occupies the country’s highest judicial office.

The allegations stem from a private meeting earlier this month during which, according to Mintoff, the Prime Minister discussed the pending nomination and later exchanged WhatsApp messages with him.

Members of the judiciary are generally expected to avoid private discussions with members of the executive regarding appointments or pending judicial matters, in line with the constitutional principle of separation of powers. The Prime Minister was also in breach of ethical rules.

Mintoff claims that Abela made it clear he did not intend to nominate him for the post of Chief Justice and suggested that the Opposition was not genuine in its stated willingness to support his candidacy. According to Mintoff, Abela told him that his nomination would be opposed by Labourites as it would be perceived as doing what PN leader Alex Borg said. The judge says he invited the Prime Minister to submit the matter to a parliamentary vote, but Abela declined.

In his letter, Mintoff goes further back, alleging that before becoming Prime Minister, Abela, then a practising lawyer, attempted to influence proceedings in a case presided over by Mintoff relating to the Paqpaqli incident. According to the judge, Abela sought to sway aspects of the decision, including the level of compensation awarded.

The Paqpaqli incident itself carried political overtones. The crash occurred in 2015 on the runway in Luqa. At the time, Abela was representing one of the parties as a lawyer.

Abela’s father, former President George Abela, was called as a witness in proceedings that assigned responsibility for the accident to former President Marie Louise Coleiro Preca.

Mintoff also accused the Prime Minister of using his political position, than as an MP, to exert additional pressure on the court regarding the compensation awarded to his client, allegedly to maximise legal fees.

“That a judge is an accomplice with one of the parties in a case being heard before him is one of the most serious accusations that can be made. But for Dr Abela, money was more important than the judiciary’s independence,” Mintoff wrote.

The judge further alleges that Abela failed to take action in relation to a publication by Labour Party publishing house Sensiela Kotba Soċjalisti which, he claims, defamed members of his family.

Mintoff told the Cabinet Secretary that the Prime Minister should abstain from “taking part in the negotiations, consultations, deliberations, and the choice of who should serve as Chief Justice.”

Senior legal sources told The Shift that while the tone and content of Mintoff’s letter raise ethical questions about a sitting judge engaging directly with the executive on matters of appointment, the accusations levelled against the Prime Minister are potentially more consequential.

If substantiated, they could suggest inappropriate attempts to influence judicial decisions and cast doubt on the integrity of the process to appoint the next Chief Justice. If formally challenged and upheld, it is grounds for Abela to lose his warrant to practise as a lawyer.