Lawyers might boycott Nadine Lia if she is appointed magistrate

A number of lawyers could boycott sittings presided by Nadine Lia if she is appointed magistrate, The Malta Independent on Sunday has learnt.

The disgruntled lawyers also threatened to take the matter to the Constitutional Court if they are assigned cases presided over by Lia.

This newsroom had revealed some weeks ago that Lia, the daughter-in-law of Labour lawyer Pawlu Lia, was going to be appointed magistrate. Earlier this week, it was also reported that Magistrates Francesco Depasquale and Yana Micallef Stafrace have been tipped for promotion to the judges bench.

The news about Lia has rattled many in the legal profession, with a number of lawyers telling this newspaper that the rumoured appointment is “outrageous” and “of the worst kind”.

“Several other lawyers and I will carry out a boycott and resort to a constitutional case over the issue of impartiality and the right to a fair hearing,” one lawyer told The Malta Independent on Sunday.

The lawyer pointed out that, in 2010, Nadine Lia (then Nadine Sant) and lawyer Joe Mifsud (now magistrate), who were prosecuting lawyer and defence counsel respectively, had been slammed by Mr Justice Michael Mallia (now retired) over their “appalling behaviour” during a trial.

Following a heated exchange in the courtroom, the judge had told the pair that they ought to be “ashamed” as what they had done brought shame on the profession, especially because of their unacceptable conduct during a trial by jury.

The lawyer who spoke to this newspaper said he could not understand how Lia could possibly have been approved by the Judicial Appointments Committee, which vets candidates before they are approved by the Justice Minister.

Another lawyer said, however, that the main issue was that Lia is related to Pawlu Lia, who “wears too many hats”.

Pawlu Lia is the government’s representative on the Commission for the Administration of Justice (CAJ), which is the disciplinary entity for members of the judiciary. He is also the Prime Minister’s personal lawyer, as emerged in the Egrant saga, as well as the Labour Party’s main legal advisor.

The lawyer said this was a “massive conflict of interest” and could possibly be in breach of the Constitution. “How can the Prime Minister appoint someone to the CAJ and also have him as his personal lawyer,” he asked.

Another lawyer said this was only the latest in a long series of controversial appointments and could “easily be the one that breaks the camel’s back”.

Another issue is the fact that magistrates might feel pressured to hear cases in which Pawlu Lia is one of the legal parties since they could possibly, at a later stage, appear before him as he is a member of the CAJ during disciplinary proceedings.

Justice Minister Owen Bonnici had recently said in an interview with this newspaper that the government will have no say in the appointment of new magistrates and judges. He had said, however, that until that system is in place, he would still exercise the current method.

Sources close to the Chamber of Advocates said this week, that the Chamber had been left completely “in the dark” on the new judicial appointments, which are expected to take place in the coming weeks.

However, the Justice Minister said the appointments had been approved by the Judicial Appointments Committee, which includes a representative of the Chamber of Advocates.