Issue link: https://maltatoday.uberflip.com/i/955503
maltatoday SUNDAY 18 MARCH 2018 2 News MATTHEW VELLA JUSTICE minister Owen Bonnici has ruled out appointing an out- side candidate to the bench as next Chief Justice, once Silvio Camilleri retires at the age of 65. Camilleri, a former Attorney General catapulted to the post of Chief Justice in 2010, will be retir- ing at the mandatory age in less than two months' time at the end of April. It will be the first major judicial appointment under a Labour ad- ministration since the appoint- ment of some nine magistrates and two judges as well as the promo- tion of four judges. "The next Chief Justice will be someone who enjoys not only the Government's trust but also the Opposition's. It must be a person upon whom both sides can agree, where possible. The Cabinet will have its own views of course, which cannot be ignored. And you cannot ignore the judiciary's wishes either, as it has been consistent in its de- sire to see the next Chief Justice being someone who is already a judge," Owen Bonnici told Malta- Today. The minister was candid about his relationship with the outgoing Chief Justice, who he believes was irked by a change in State protocol 'demoting' him in the rank of im- portance. "Our relationship was good at the start, having borne fruit in terms of the court reforms that we brought about. But then it was no longer as good as it first was. I think what soured matters was when we changed the order of precedence in State protocol, which elevated the Speaker of the House over the Chief Justice. I think that annoyed him." Camilleri wore the diplomatic sleight on his sleeve, complaining publicly at the New Year's greet- ings with the President of the Republic that the unannounced relegation had "left a bitter taste" with the judiciary: he only became aware of the change as he took his position in front of the War Monu- ment on Remembrance Day. "I don't want to believe that this diplomatic sleight, that of giving the Speaker precedence – and I believe we are right in this – is linked to his statements on the rule of law," Bonnici said when ques- tioned on the Chief Justice's right to be vocal on matters that deal with the public interest. Camilleri broke ranks with the sedate cautiousness of predeces- sors when in his speech to the law- yers and the judiciary on the open- ing of the forensic year, called on the authorities to strengthen law enforcement – spelling out clearly the police's obligation to make sure all crimes are investi- gated. He later accepted an invitation to meet MEPs visiting Malta on a rule of law mission following the assassination of journal- ist Daphne Caruana Galizia. "I only know what the MEPs' report said he stated... His speech in the opening of the forensic year em- ployed words that could have fuelled a particular political narrative. On the other hand, when there was an attempt by a group of lawyers to have the judges shut down the courts, the Chief Justice took the rightful decision not to heed such a call. So I have to thank him for that sagacious decision," Bonnici said. But the minister said the Chief Justice could not expect to have the same liberties of other leaders such as the Archbishop, an- other example of a critical voice in Maltese society. "He does have an obli- gation to speak. What he should pay attention to is that he does not enter the political are- na," Bonnici said. "While the Chief Justice should have the utmost liberty to speak about justice and the courts, he is also a judge like all others. Judges are bound by a code of ethics. If judges are criticised because they partici- pated in some charity fund-raiser – something I'd disagree with – then so should they steer clear of issues of political controversy. "An intelligent and legally-pre- pared person would not find any difficulty in choosing their words carefully without entering political controversy." Bonnici said he already has a shortlist in mind for the 'papabilli' to the post, but said he wants to win the Opposition's consensus on the choice as far as it is possible. "It must be a person both sides can trust and agree upon, as much as possible. The Cabinet will have its own views of course, which can- not be ignored. And you cannot ignore the wishes of the judiciary, who have stated that they wish the next Chief Justice to be someone who is already a judge." Bonnici also said the next Chief Justice will have to be a doer who will embark on court reforms. "I don't want someone who simply wants to crown his career with the top post. I want someone ready to solve problems in the su- perior and family courts, for ex- ample." Bonnici played down suggestions that all appointments to the bench on his watch were 'red togas'. The judiciary has 44 members today, 15 appointments of which were made after 2013, the most recent after being green-lit by a judicial appointments commission chaired by the Chief Justice. "If I speak to Labourites, they tell me the courts are under the Na- tionalists' control; and vice-versa. I think the majority of people sim- ply care that decisions are given without excessive delay." mvella@mediatoday.com.mt No outsider for Chief Justice post CONTINUED FROM PAGE 1 MaltaToday understands that Cachia, the brother of Nationalist MP Therese Como- dini Cachia, was the employer of several of the three men. Arnaud told the court that Lorenzo Cal- lus, 49 of Hal-Ghaxaq, had been arrested in Hal Far along with another person, who was not charged. The police later arrested Jonathan Farrugia in Birzebbuga and Paul Farrugia from another location later in the day. All three men were charged with build- ing and attaching a bomb to Scicluna's car, forming part of a criminal gang, the attempted murder of Mario Scicluna and Elaine Galdes, planning an explosion that could have endangered Scicluna, Galdes, as well as cause damage to the surroundings and the possession of explosive material. Callus was also charged with carrying a weapon without a licence on the day of his arrest, as well as the possession of a canna- bis plant, cannabis resin and an unspecified quantity of heroin. Paul Farrugia, 34 of Xghajra, was charged with the possession of a large quantity of contraband cigarettes which were found by police in a garage named Flower Way, in Xghajra, on March15. More cigarettes were found in a Peugeot Partner that was intercepted by police. The court ordered the revocation of the accused's deposit of €5,000 and a personal guarantee of €10,000 from an earlier bail release. Samuel Camilleri, the driver of the inter- cepted van, was arraigned separately in re- lation to the contraband cigarettes and not in connection with the attempted murder. Jonathan Farrugia was charged with pos- sessing cannabis resin in quantities that in- dicated it was not for his personal use. All three men remained silent through- out the arraignment with their lawyers pleading not guilty to all charges brought against them. Lawyers Franco Debono and Arthur Azzopardi appeared for Jonathan Farrugia, Roberto Montalto for Paul Farrugia, and Christopher Chircop for Callus. Dr Mario Mifsud appeared on behalf of the parte civile, Mario Scicluna and Elaine Galdes. Editorial Note: Incorrect reporting of arrestee's name On Thursday, MaltaToday reported an incorrect name for one of the four men ar- rested in connection with an attempted car bomb. MaltaToday states for the record that Mr Frank Cachia was in no way involved in the police arrests. It was his relative with the same surname who was arrested and then subsequently not charged and released on police bail. The newspaper has spoken to Mr Frank Cachia and apologised for the error. Mal- taToday regrets any inconvenience this might have caused to Mr Cachia and his family. Chief Justice Silvio Camilleri (centre): Owen Bonnici says the head of the judiciary should not wade into the political arena Justice minister Owen Bonnici MP's brother not charged, released on police bail