Issue link: https://maltatoday.uberflip.com/i/1497813
6 maltatoday | SUNDAY • 27 MARCH 2022 OPINION 2 maltatoday EXECUTIVE EDITOR KURT SANSONE ksansone@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 23 APRIL 2023 Reforming the justice system Editorial MALTA'S criminal justice system is often criticised for its sluggishness; and recent experience makes it easy to see why. Consider, for instance, how brothers George and Alfred Degiorgio – currently serving a 40-year sen- tence for the murder of Daphne Caruana Galizia - were arrested in December 2017. Yet their trial took almost five years to commence, in October 2022. Likewise, Yorgen Fenech was charged with master- minding the same murder, back in November 2019. More than three years have elapsed since then; yet still, no date has been set for his trial. But while these timeframes may appear 'excessive' – they are not even the worst examples, of unaccept- able delays in the justice system (though they certain- ly do stand out more, on account of their 'high-pro- file' nature). Nonetheless, many are left questioning why it takes so long to reach trial stage; and part of the blame clearly lies with how the compilation of evidence stage is structured at law. Within this context, the proposed reforms to the criminal justice system - authored by retired judge Antonio Mizzi and unveiled last week by Justice Min- ister Jonathan Attard – are a welcome development. The proposals aim to cut down the pre-trial period in criminal cases, by – among other things - imposing a one-year maximum time limit for the compilation of evidence stage; as well as eliminating unnecessary repetition of testimony. Another key element is the removal of the AG re- ferral system: whereby the acts of any case go back and forth to the Attorney General's office, to deter- mine whether more proof is required (usually result- ing in pointless, avoidable delays.) It is also positive that the reform document has been published for public consultation: given the sensitivity of the task at hand (i.e., trying to strike a balance between the rights of the accused to a fair trial, and the victims' right to have justice delivered swiftly). Moreover, it is important to receive feedback from actors in the field, including members of the judiciary, because they would be the ones most directly impact- ed by the outcome. But while these reforms will hopefully lead to a more efficient process, that delivers justice in the shortest timeframe possible, the aim cannot be limit- ed only to 'expediting justice', for its own sake. It must also ensure that the criminal justice system continues to deliver equitable justice, to all parties concerned. Attard's job, at the end of the public consultation process in May, will be to steer the reform to its con- clusion, by judiciously finding a compromise that is widely acceptable between the different views. As such, he cannot allow the reform to get bogged down because of antiquated mentalities that shun change, including those of some members of the judiciary; or which cannot understand the exigencies of an evolving society. But in moving forward, he must also remain attentive to any criticism that may be made on certain aspects: especially where these concern human rights. Above all, the Justice Minister must be careful to avoid the trap of conflating 'efficiency', with 'effective- ness'. For while a faster criminal justice process would certainly be very welcome: it cannot come at the cost of justice itself. For instance: this reform will undoubtedly create more pressure on the prosecution, to wrap up their cases as quickly as possible. And such haste may eas- ily lead to errors: unless the police, and the office of the Attorney General, carry out their work diligently before the arrests are made, and charges filed. To this end, the government must also ensure that the prosecution has all the necessary resources at its disposal, including work and pay conditions, to keep its staff members motivated. Additionally, the law courts and their internal op- erations should be fully digitalised, by now. In 2023 - when the rest of the world is discussing the challenges of Artificial Intelligence - the Maltese law courts inexplicably remain paper-based institutions; as does the Police Force, where case files remain largely pa- per-based (with all the obvious risks this entails). Likewise, justice would be better served if 'magis- terial inquiries' were to be conducted by specialised inquiring magistrates; rather than simply added to the (already excessive) workload of existing magistrates. The introduction of inquiring magistrates – specif- ically dedicated to conducting inquiries – would not only free up the rest of the judiciary, to focus on their court-commitments; but it should also help shorten the timeframes for the inquiries themselves (another area which is often criticised for delays). At the very least, it might avoid embarrassing situa- tions of the kind that emerged last year: when it be- came apparent, in the aftermath of the Bernice Cassar murder, that only one magistrate was hearing domes- tic abuse cases (and at the height of that controversy, the magistrate in question was out conducting an inquiry into a traffic accident, because she happened to be on duty on the day.) Naturally, this is not the magistrate's own fault; but it is further proof – if any were needed - that Malta's criminal justice system requires an overhaul, in its to- tality. And urgently, too: for the justice system is a key pillar of democracy and as such, it requires constant attention, to ensure that it works both efficiently, and effectively. 23 April 2013 Corruption is 'private sector's worst effect', survey finds CORRUPTION is the most negative effect of private companies on society, according to 51% of Maltese. This opinion is shared by 41% of our fellow Europeans. These conclusions emerge from a recently published Eurobarometer survey based on 500 telephone interviews carried out in De- cember, before the oil procurement scandal which rocked Malta's political and business establishments. Corruption is cited as the private sector's worst effect in 15 EU Member States, includ- ing Malta. This disdain is also present for respond- ents in Slovenia (68%), Slovakia (63%) and the Czech Republic (62%). In contrast, only 14% of Danish, 18% of Finnish and 19% of Swedish respondents cite corruption. Europeans in general consider corruption (41%), staff reductions (39%) and environ- mental pollution (39%) as the main negative effects of private companies on society. But the Maltese consider corruption (51%), environmental degradation (50%) and poor working conditions (45%) to be their worst effects. It may speak volumes about environmental conservation, however, that 25% of Europe- ans consider encouraging overconsumption to be one the worst effects of private compa- nies on society, while only 14% of the Mal- tese share this concern. 60% of Maltese think that job creation is the best effect of the private sector on socie- ty. 54% of Europeans express the same view. Quote of the Week "If you have a child that is sick or disabled, they need more attention… There is a shortage of nurses and they are not screaming but demanding respect because without nurses no new services can be offered," MUMN President Paul Pace at a press conference after nurses rejected government's pay proposals. 19 April, 2023 MaltaToday 10 years ago