Three months into the job, Toni Abela still to hear first case

Former Labour Party Deputy Leader Toni Abela, who was appointed to the bench back in November, has not yet heard a single case. The Malta Independent on Sunday is well-informed that the matter has been raised with Chief Justice Silvio Camilleri, who is reportedly mulling over exactly which sector of the judiciary should be assigned to Mr Justice Abela.

Sources in legal circles have told this newsroom that Mr Justice Abela is likely to take over Mr Justice J. R. Micallef’s backlog of cases. There is also talk of Mr Justice Abela presiding in the Family Court.

Mr Justice Abela, who was not appointed to the European Court of Auditors as initially planned after he failed a grilling by the European Parliament last March, was officially sworn in as a judge last November. It should, however, be clarified that there is no hard and fast rule as to when a judge or a magistrate should hold their first sitting, sources that spoke to this newsroom said.

According to sources in the legal profession, Dr Abela is still not happy with the staff provided.

Mr Justice Micallef has a long backlog of pending cases. A report published in March 2015 showed that he had 219 civil cases pending judgment. Mr Justice Abela is being considered to help with that backlog and to eventually replace Mr Justice Micallef when he retires.

Meanwhile, lawyers who have worked at the Law Courts for many years have dismissed the possibility that libel cases would be heard before Mr Justice Abela.

“When considering that most libel cases are of a political nature, it only makes sense not to have Dr Abela preside over libel cases,” sources said.

Others, however, are of a different opinion and point to Dr Abela’s rich experience in the sector, having worked in the media for many years.

Libel cases, which are currently being heard before Magistrate Francesco Depasquale, will now be heard before judges. This change is expected after Parliament passes the new Media and Defamation Bill intended to abolish criminal libel while allowing libel damages to rise to a hefty maximum of €20,000.

As matters stand, cases which can potentially carry more than €15,000 in damages cannot be heard before the Court of Magistrates. The move has also been criticised as one with political motivations, i. e. to remove libel cases from Magistrate Depasquale’s court and to have them heard by judges who could be seen as being softer with politicians and are thought to be harder with the media.

Justice Minister Owen Bonnici had explained, while addressing the media last Tuesday about the proposed law, that the judge will still be obliged to consider mediation between the plaintiff and the press before going for a less amicable solution. But the possibility of facing € 20,000 in damages moves the libel cases to the higher rank of a judge’s court.

Well-informed sources say libel cases will in future most likely fall under Mr Justice Silvio Meli or Madam Justice Miriam Hayman due to their first-hand experience in the field. The Chief Justice, however, is still to review whether to pursue his policy of having one member of the judiciary for libel cases, or whether to act on suggestions to split the role between two judges, or possibly more. The latter option would create a better flow in the hearing of cases while the former would guarantee more consistency in the judgements handed down.

The Family Courts will also experience some changes. At present, the two judges presiding over the Family Court are Madam Justice Abigail Lofaro and Mr Justice Robert Mangion. Sources speaking to this newspaper say Mr Justice Mangion has expressed a wish to move out of the Family Court, and Mr Justice Abela may be assigned to fill the void.

It also seems that a certain degree of lobbying is taking place in the courts over the Family Court. Chief Justice Silvio Camilleri may well opt to have two women presiding over the Family Court, but the proposal is being met with resistance. This newsroom is also informed that the Chamber of Advocates is not particularly keen on the changes that might take place in the Family Court.

The Malta Independent on Sunday sent a set of questions to the Chief Justice regarding these changes, which were not answered by the time of going to print.