80 academics urge independent review of Malta's jury system after high-profile acquittals
Eighty academics have written to Malta's Prime Minister demanding a full review of the jury system following the acquittals of Yorgen Fenech and Lorin Scicluna.
Academics demand jury system overhaul after Fenech and Scicluna acquittals
Eighty academics have called on Malta's Prime Minister to establish an independent technical committee to conduct a comprehensive, evidence-based review of the country's jury system, Times of Malta reports. The open letter follows the acquittals of businessman Yorgen Fenech in the murder of journalist Daphne Caruana Galizia, and former soldier Lorin Scicluna in the racially motivated killing of Lassana Cissé.
The signatories urged authorities to act "without further delay", proposing a committee composed of legal experts, academics, civil society representatives and other relevant stakeholders.
"A democratic society cannot afford to lose confidence in its justice system. Justice must serve everyone, without distinction, discrimination or prejudice," the academics wrote.
The letter is explicit that the call does not constitute an attack on judicial independence or the rights of accused persons. "On the contrary, it reflects our commitment to a judicial system that is independent, fair, effective, accountable and worthy of the trust placed in it by the people it serves," the group stated.
Two acquittals that sparked public outcry
In September, Fenech was acquitted of involvement in the murder of Caruana Galizia after the longest-running murder trial in Maltese history. Jurors returned a not guilty verdict by eight votes to one following roughly eight hours of deliberations.
Last Sunday, Scicluna was acquitted of the murder of Cissé, who was shot dead in a racially motivated drive-by attack in Ħal Far in 2019, and of the attempted murder of three other men. The jury found him guilty by six votes to three of inflicting grievous bodily harm on May Malimi, and of using a vehicle without number plates. He was sentenced to eight years in prison on Thursday.
Both verdicts drew widespread outrage and sharp criticism of Malta's jury system.
"Serious questions" about public confidence
The academics said the outcomes raised "serious questions" about public confidence in the administration of justice and about the effectiveness of the current jury system. They expressed "profound dismay and concern" at the two results.
"We are particularly concerned about the messages such outcomes may convey to society, especially to minority communities, vulnerable individuals, journalists, and those who stand against discrimination, injustice, and abuses of power," they wrote.
The proposed review would examine the system's effectiveness, safeguards, procedures, transparency and capacity to deliver fair and impartial justice. The academics called on the authorities to draw upon international evidence, comparative judicial practices and the experiences of other democratic jurisdictions.
"While fully respecting the independence of the judiciary and the verdicts reached, we firmly believe that no judicial system should be beyond scrutiny, critical examination or reform," they added, urging the government to treat their concerns "with the seriousness they deserve".
Signatories
The letter was signed by: Holger Suarez, Andreana Dibben, Maria Pisani, Anna Borg, Maud Muscat, Colin Calleja, Andrew Azzopardi, Mary Grace Vella, Marceline Naudi, Roberta Scerri, Antoinette Camilleri Grima, Peter Mayo, Louiselle Vassallo, Isabel Stabile, JosAnn Cutajar, Petra Caruana Dingli, Michelle Attard Tonna, Marco Galea, Luciano Mule Stagno, Zoi Arvanitidou, Katrin Dautel, Yosanne Vella, Mary Anne Lauri, Elena Gauci, Phyllisienne Vassallo Gauci, Vincent Caruana, Claudia Psaila, Josef Lauri, Marlene Cauchi, Ivan Riolo, Raylene Abdilla, Shaun Grech, Isabelle Ragonesi, Vickie Gauci, Charles Pace, Anne-Marie Callus, Daniela DeBono, Michael Debattista, Pierre Schembri Wismayer, Anna Khakee, Patricia Vella de Fremeaux, Sarah Grech, Adele Muscat, Omar Grech, Stavros Assimakopoulos, Felicity Attard, Antoine Grima, Ruth Falzon, Alessia Cilia Portelli, Kurt Borg, Jean Paul De Lucca, Marie Therese Farrugia, Rev Joseph Borg, Anna Maria Gatt, Amy Camilleri Zahra, Lara Bezzina Ouattara, Maureen Cole, Joseph Falzon, Silvio John Camilleri, David Attard, Edgar Galea-Curmi, Andrea De Marco, Alessio Magro, Natalie Kenely, Clare Vassallo, Claire Azzopardi Lane, Angela Deguara, Redeemer Fenech, David E. Zammit, Noel Agius, Mariella Cortis, Reuben Grima, Maria Mangion, Marilyn Testa, Elisabeth Conrad, Mark M. Scerri.
Source: Times of Malta