Robert Abela’s Private Chat With Magistrate In Breach Of Code Of Ethics, Lawyers’ Chamber Warns
The Chamber of Advocates has issued a rare rebuke of Prime Minister Robert Abela after he revealed he had a private conversation with a magistrate about court sentencing policies.
“From media reports, the Chamber understands that the Prime Minister spoke of some kind of dialogue between himself and a particular magistrate,” the statement read.
“The Chamber believes that dialogue about material related to the function of magistrates isn’t permitted through the judicial code of ethics without prior consultation with the Chief Justice. This is a key principle that should always be respected.”
Abela said that an unnamed magistrate told him that courts tend to issue lenient sentences to reduce the risk of the guilty party filing a successful appeal.
“The goal of a penalty is to deter crime and to reform the guilty party. I feel that the deterrence aspect hasn’t been emphasised enough in a number of sentences,” he said.
As the Chamber very rarely wades into political controversies, its intervention is a sign that Abela’s comment at a political rally yesterday angered several lawyers.
Lawyer and former PN MP Jason Azzopardi said he couldn’t believe his ears when he heard the Prime Minister’s comments.
“By any chance, does the Prime Minister also speak to certain magistrates about certain inquiries too?”
“There are already magistrates who discuss sentences with defence lawyers prior to issuing them and magistrates who attend certain meals with people they’re judging, and now a magistrate who speaks to a Prime Minister about sentences. Dear God, this country is finished.”
NGO Repubblika formally asked President George Vella, in his capacity as the preserver of the Constitution, to publicly criticise Abela for “endangering the separation of state powers”.
The Chamber also criticised Abela for urging courts to start issuing tougher sentences for people found guilty of violent crimes so as to send a “message to society”.
“Speeches and statements that generalise the way courts rule without providing a profound analysis of the evidence and submissions that were presented are nothing but superficial,” it said.
“It is not up to the courts to send messages to society, but rather up to the political class, who should send out messages through legislation that the judiciary will be obliged to follow.”
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