However, it said this was ultimately a minor infraction and a simple verbal warning by the magistrate would have sufficed. However, Micallef Stafrace screamed at Chetcuti and told her that “not even the worst prostitute who appeared in front of her” (Lanqas l-agħar qaħba kriminal li qatt kellhi quddiemi) had ever committed such an act in her courtroom.

“The Chamber finds the Magistrate’s reaction of much greater concern, than the conduct of the lawyers, particularly in the context of the episode in question,” it said.

“Instead of a simple and subdued admonishment, highlighting the inappropriate conduct of the lawyers, which would have elegantly dealt with the situation, and would also have been proportionate to the lack of awareness of time, place and occasion shown by the two lawyers, the Magistrate in question thought fit to resort to an outburst of foul language and conduct that has been described by lawyers who happened to be in the hall at the time, as a ‘frenzy’.”

“To compare Dr Chetcuti’s conduct to that of a ‘whore’ and the ‘worst criminal’ during an open court sitting presided by that magistrate, apart from being grossly disproportionate in the context of the incident, it is totally inappropriate, unacceptable, and intolerable.”

“The Chamber takes a very serious and firm view when its members are subjected to what can only be termed humiliating treatment by a member of the judiciary and, to add insult to injury, in open court in front of that lawyers’ own client and peers.”

“It transpires that other somewhat descriptive language was used by the Magistrate, which further manifests the lack of any restraint by the magistrate in handling a simple minor infraction of conduct.”

“Such a disproportionate reaction is grossly unfair, not only towards the advocate concerned who has to represent other clients in front of the same magistrate, but it is also unfair on other members of the judiciary who go to great lengths in safeguarding the reputation of the judiciary through their daily efforts in court, some of which against all odds of a lack of resources and administrative support.”

@lovinmaltaofficial What do you make of Janice Chetcuti’s claim about Yana Micallef Stafrace? 👀 #fyp #fypmalta #malta #parliament #lawyer #magistrate #reactions #LovinMalta ♬ original sound – Lovin Malta

It added that while it won’t minimise Chetcuti’s and Merceica’s “transgression of conduct”, it won’t tolerate its members being “humiliated and bullied” by a member of the judiciary.

“[She] is entrusted ultimately with delivering justice according to law and with determining the future of other people’s lives, but… completely misjudge[d] a simple greeting hug for some ‘erotic or ‘sexual’ act,” it said.

“The Chamber remains astounded by the fact that on the one hand the magistrate thought fit to be so incensed at the occurrence to be described as a frenzy even by other members of the profession who happened to experience it, but then the Court itself having all the power and authority to impose the sanction for contempt of court, failed to go as far as imposing such a sanction, and instead resorted to simply report the matter to the Chamber.”

Cover photo: From left: PN MP Janice Chetcuti, magistrate Yana Micallef Stafrace, Chamber of Advocates president Louis De Gabriele

Do you think the magistrate should issue an apology?