Issue link: https://maltatoday.uberflip.com/i/191652
13 Interview maltatoday, SUNDAY, 13 OCTOBER 2013 Malta's justice system is in dire need of an overhaul, but where does one even begin to address the apparent chaos? Chamber of Advocates President Reuben Balzan outlines the basic priorities in the ongoing reform Reform, to create a new Commission which would be made up of five or six members who are chosen by the President at his discretion after consultation. The question of discipline should remain within the CAJ, and the composition of the CAJ should remain as it is: a mix of election by the judiciary and ex-officio posts." But there is a slight irony in there somewhere. The President of the Republic is himself a political appointee, and the same considerations regarding the removal of judges also apply to his office. "Yes, but having the president at the helm raises the stature of the Commission... and though it is true that he is chosen by politicians, the Constitutional role requires the president to be outside and above the constraints of parliament..." Interestingly enough, the incumbent Dr George Abela has himself publicly questioned the wisdom of entrusting the president with the task of monitoring the justice system, arguing that he doesn't feel qualified to do so. "That is his opinion, and as such it has to be respected. But I happen to agree with the current composition of the CAJ. The president doesn't have the same discretionary powers of a minister... As far as I am aware he only has a casting vote." So how would Balzan reform the system to remove the excessive discretion without undermining the judiciary's autonomy? "The CAJ should retain its current composition but should be given the 'teeth' it needs to actually do something if it finds that a complaint against a member of the judiciary is justified. Currently, the CAJ can investigate following complaints, but if it concludes that a complaint against a member of the judiciary is justified, it can merely draw the judge or magistrate's attention to it." And the judge or magistrate is free to ignore the CAJ's recommendations? He nods. "This is why the CAJ should be equipped with the power to impose sanctions on members of the judiciary in cases where complaints are justified." Some people out there may however doubt a proposal whereby judges or magistrates may find themselves being disciplined by their own colleagues – which is admittedly a crude way of putting it, but still, the CAJ is ultimately composed of judges, too. Balzan sees no particular problem in this regard. "Personally I believe in self-regulation. When cases like the bribery scandal break out, it is the judiciary that feels most hurt and let down. And it is not easy to judge your own colleagues." Nor is it easy to talk about the justice system without leaving important parts of it out of the picture; and I feel I cannot end an interview with the president of the Chamber of Advocates without asking his opinion about a situation of grave concern to anyone who finds himself under arrest at the Police Headquarters in Floriana. In 2008, Malta enacted laws to ensure that arrested persons are of- PHOTOGRAPHY BY RAY ATTARD der fered access to a lawyer, but six years later we discover that this access is limited only to any point before (as opposed to during) interrogation. And much more seriously, lawyers often advise their clients not to avail of this right, as it could conceivably work against them in court. "I am certainly in favour of the right to have one's lawyer present during interrogation, but this is only one aspect that needs to be addressed. One of the reasons many lawyers will advise against consultation at that stage is that, unlike all other European countries, the police are not obliged to give information about the case to the lawyer. This means that you can call your lawyer, but he or she will not able to advise you because he or she won't know what the case is about." Meanwhile, incoming Police Commissioner Peter Paul Zammit has publicly stated that he agrees with allowing lawyers to be present during interrogations. Does this in any way change the state of play regarding the legal rights of persons in police custody? "Not really, no," comes the reply. "Irrespective of this development, the defence lawyer should be given access to all the information held by the police about an individual being interrogated."