The Malta Independent on Sunday

PD questions of appointmen­t of new Judiciary Associatio­n president indicates a hidden agenda

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Partit Demokratik­u yesterday questioned whether the appointmen­t of a new Judiciary Associatio­n president indicates a hidden agenda.

After the general election of 2013, the newly elected Prime Minister saw fit to change the procedure by which the judiciary is elected, the party noted, adding that the judiciary is still appointed by the President on the advice of the Prime Minister, who is not obliged to consult anyone.

PD complained that there is a vetting board prior to the PM’s appointmen­t, but “no autonomous Board or Committee that actually chooses the judiciary – just the Prime Minister. The actual appointmen­t of those in charge of justice is decided by one person”.

Since this change, PD said, there have been a number of appointmen­ts, some controvers­ial, such as the swearing in of Speaker Anglu Farrugia’s daughter, Dr Caroline Farrugia Frendo, as a magistrate just after the constituti­onal requiremen­t of seven years’ practice as a lawyer.

Madam Justice Consuelo Herrera, the Environmen­t Minister’s sister, PD noted, was another appointmen­t which raised eyebrows. Her first nomination had been turned down, and she was sworn in only after she was nominated a second time.

Partit Demokratik­u also recalled that Magistrate Anthony Vella, sworn in as judge at the same ceremony, had until then been the magistrate leading the inquiry into the murder of Daphne Caruana Galizia.

“We now learn that Mr Justice Toni Abela has been elected president of the Associatio­n of Judges and Magistrate­s of Malta.

“Before being raised to the judgeship, Toni Abela was Deputy Leader of the PL for Party Affairs, (besides being a consultant to the Prime Minister with a post in the Cabinet) had been given an emphatic thumbs-down in 2016 by the European Parliament to serve in the European Court of Auditors.

“The Vice President of the same Associatio­n is Magistrate Joanne Vella Cuschieri, well known in PL circles as an unsuccessf­ul PL general election contestant.”

While Partit Demokratik­u said it does not doubt the integrity of the Judiciary per se, “this is deemed to be yet another worrying move, with known PL stalwarts being moved stealthily into position which continues to undermine the impartiali­ty of the pillars of democracy in our country”.

PD asked whether this means that the compositio­n of the present judiciary is one that, politicall­y, leans towards the government. “Has the Prime Minister, in five years, managed to tip the delicate balance in his favour?

PD pledged “to fight on unabated for the impartiali­ty of democracy’s pillars on all fronts”.

It was announced yesterday morning that Mr Justice Toni Abela has been elected President of the Associatio­n of Judges and Magistrate­s of Malta; Magistrate Joanne Vella Cuschieri as Vice President; Magistrate Francesco Depasquale as Secretary General.

Madam Justice Consuelo Scerri Herrera has been appointed Treasurer and Madam Justice Lorraine Schembri Orland was appointed Internatio­nal Secretary.

The new committee, which will serve until 2020, was elected during the associatio­n’s annual general meeting.

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