It's not looking good for poor Anthony Mifsud (not that it ever was)
I don’t know how I missed this earlier: it’s Lorry Pullicino who’s liable for paying compensation to Anthony Mifsud, and not the state. Now that the convicted criminal is going to appeal – obviously – the case is going to drag on and drag on way beyond these past 26 years. Even if the convicted criminal loses his appeal, how is Mifsud going to get his money? The convicted criminal is hardly going to write out a cheque for EUR186.349 with interest. Mifsud will end up having to force the sale of the convicted criminal’s house.
Anthony Mifsud is on television now, as I write this. It’s painful watching him. The man is clearly what previous generations called an innocent, and the situation must have been worsened by the horror he went through. How terrible of the police and of the government of the day to pick on somebody who so clearly didn’t have the mental agility to fight back.
The Times, Friday, 31st October 2008 – 20:23CET
Pullicino to appeal judgementFormer Police Commissioner Lawrence Pullicino said he will be appealing a judgement given yesterday holding him responsible for failing to stop the torture of prison guard Anthony Mifsud.
Together with superintendents Carmelo Bonello and Joseph Psaila, Dr Pullicino was ordered by Mr Justice Raymond Pace to pay €186,349 in compensation to Mr Mifsud.
The judgement pointed out that Dr Pullicino had been abroad when Mr Mifsud was under interrogation but he was still indirectly responsible for failing to stop the man’s torture when he returned.
In a statement to the press, Dr Pullicino pointed out that the court did not refer to the testimony given by Mr Mifsud during his cross examination where he (Mr Mifsud) said that while he was arrested at the depot Dr Pullicino had never seen or spoken to him.
Moreover, as police commissioner he had to rely on what was reported to him and could not get involved in matters personally, Dr Pullicino said.
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I thought as much (in a previous post). He’ll never get his money, although his heirs might – some day.
I can’t understand what everyone is so jubilant about when this poor man is going to have to fight for what is his by right, for many more months and years.
I was just watching Xarabank too, something I rarely do – I can’t believe what we went through (admittedly nothing compared to Anthony Mifsud).
One question – why weren’t those bastards sent to jail?
[Daphne – You tell me. Could it be because at least one of them was involved in helping Bartolo escape – possibly in return for a small consideration of whatever nature and immunity from prosecution by a future government, and then helped frame Mifsud to escape prosecution under that government? I find it very hard to believe that the only man ever in the history of Maltese prisons to escape with a ‘home-made’ key was the man who shot Malta’s most notorious Labour thug and racketeer. It always seemed more likely to me that somebody just opened that door. I can’t specify names for obvious reasons, but both names were mentioned elsewhere on this blog: a really sleazy lawyer-politician and one of the police officers involved in the frame-up. That’s what I think the connection was, and the source of the former police officer’s immunity.]
Funny Pietru Pawl Busutil did not have to wait so long for his money. Why did Anthony Mifsud have to wait so long? Is it true that when he sued the government they found a loophole to deprive him of his rights? Crocodile tears. PN is still using him to get political leverage and he will never get his money.
[Daphne – Here’s Grace tal-Lejber, tipprova tizvija d-diskors. And what do you think about what happened to Busuttil and Mifsud, Grace. Do tell. Did they arrest themselves and beat themselves up? Go on, I’m just dying to hear your excuses and justifications.]
The above makes me wonder. When should one forgive and forget, after having been seriously wronged? Consider an individual unlucky enough to have been a youth in World War II. At the order of some government he is sent to fight risk an abrupt end of life. When the war ends he is then expected to erase any negative thoughts from his mind about the enemy regardless of his suffering and loss of loved ones however far-reaching and unreversable the consequences. It’s something I don’t understand, maybe because luckily I’m living in a different era. But I don’t think that in the situation I would just allow any authority to pull the strings on when I should be aiming to kill the enemy and when I should just back up and for example become a host for what then simply becomes a foreign tourist.
Maltastar today saw fit to ignore the Anthony Mifsud case, and yet they chose to report this one, which involved – wait for it – an “attack” by a 5-year-old boy. (That’s right, 5, not 15 or 50.)
http://www.maltastar.com/pages/msrv/msfullart.asp?an=25085
[Daphne – I read it in The Times too. I couldn’t believe that the teacher reported the kid to the police. What is she – nuts? Five-year-olds are incapable of intent. As every mother knows, five-year-olds instinctively shove things into the face of anyone who annoys them. It’s called normal behaviour. This kid is guilty of nothing more heinous than having perfect aim. Things have taken a pretty turn if five-year-old boys are being equated with insubordinate and violent 15-year-olds. Beneath the story on timesofmalta.com, there’s a slew of comments from utter maniacs calling for corporal punishment and better protection for teachers. I’m giving them the benefit of the doubt – perhaps they missed reading his age. It’s a fine mess we’re in when teachers and school authorities start to demand protection from toddlers.]
What happened to Mifsud was despicable, both during the MLP regime and the PN so called golden age. It seems that the under PN some people are more equal than others, if you really believe that justice should be done why not speak up for Mifsud, instead of calling Pullucino a criminal. Does he have to wait any longer for what is rightly his due. The people who beat him up (when your so called convicted criminal was abroad) got promoted when PN came to power. So did the people who killed Nardu Debono, by the way. I still have my doubts of what really happened to Busutil. Dr.Fenech Adami once said he knew who killed both Karen Grech and Raymond Caruana, we never got to know the truth though did we? What I know about Busutil is that he got his compensation much quicker than Mifsud.
If you want to call me tal-Lejber please do no problem. If being tal-Lejber means I will not let mass hysteria get to me, like its doing to your PN youths, you are brainwashing them you know. I am proud to say that I don’t know who my two children voted for in the last election, you see I don’t try to brainwash them. Now you tell me who is more democratic between us two. If thinking the way I do means I’m Lejber, so be it. You might not post this because as usual you will say my postings shows up MLP supporters stupidity, well you know as much as I do that my postings just shows you up as a PN fanatic supporter.
[Daphne – Yes, Grace. And Jesus walked on water. I’m not saying this to blaspheme, but just to point out that you doing have politial views. You have political faith. You’re not a Labour voter, but a Labour believer. That’s where you and I part company.]
@ Amanda Mallia. What is the said teacher supposed to do? Jump for joy, maybe you haven’t read that she is in danger of losing her eye. By the way Daphne, she did not report the child to the police, she reported the incident. All public service employees know that the public service, is quite tight-fisted, and will find any excuse to abstain from paying her for her injuries. By submitting a report to the police she is safeguarding her position.
[Daphne – What is the difference between reporting the incident and reporting the five-year-old, Grace? Please explain, because I’m baffled. For the purposes of taking further action against the public service – because nowadays, the first thing we think of is how we can grasp a shedload of cash -what she needs is a medical report, not a police report. What next – teachers refusing to teach five-year-olds or to squat to speak to them in case they shove crayons into their faces? Playschool teachers wearing body armour and a mask? People refusing to raise children in case they get a crayon in their eye? If this teacher is worth all the tax-payers’ money spent on her training, she should know that five-year-olds are incapable of intent, and that their normal reaction to somebody they don’t like, when that somebody brings his/her face up close to theirs, is to shove whatever they happen to be holding into that face. I don’t blame them, because I’ve lost count of the number of times I’ve felt like doing the same. I don’t only because I’m not five. They do it with animals, with other children, with siblings….it’s normal. This kid just happened to be holding a crayon and have excellent aim, that’s all. Had she been standing, that crayon would have been shoved into her leg. I’d rather have a child like this than one who is too cowed to react. To be guilty or blamed, you have to be AWARE of the consequences of what you are doing, and have intent – something that is beyond a baby like this. That’s why the law doesn’t prosecute five-year-olds. Unbelievable.]
Five year olds incapable of intent? Not in bloody Malta they’re not. Five years is when my life was ruined by me fellow five-year olds. Yes, they’re capable of intent, and they can be evil, vindictive little bastards. You’re thinking five-year old European cute kid. Think five-year old Gaza Strip proto-terrorist. There was one called Carlos (can’t remember his surname, the little fucker) who kicked me full in the eye once. Just like that, and just for fun. I’m lucky I’ve still got my sight. Bastards, the whole bloody lot. I’d slot them if I could get away with it.
This has nothing to do with your comment about Mifsud, of course, but I just thought I’d let you know.
No amount of money will compensate for what this man went through. What a waste of a life.
Dr. Lawrence Pullicino is still practising as a lawyer – the mind boggles.
[Daphne – Are you quite sure? A lawyer’s warrant is withdrawn when he/she is convicted of and imprisoned for the length of time that he was.]
[Daphne – I read it in The Times too. I couldn’t believe that the teacher reported the kid to the police. What is she – nuts? Five-year-olds are incapable of intent. As every mother knows, five-year-olds instinctively shove things into the face of anyone who annoys them. It’s called normal behaviour. This kid is guilty of nothing more heinous than having perfect aim. Things have taken a pretty turn if five-year-old boys are being equated with insubordinate and violent 15-year-olds. Beneath the story on timesofmalta.com, there’s a slew of comments from utter maniacs calling for corporal punishment and better protection for teachers. I’m giving them the benefit of the doubt – perhaps they missed reading his age. It’s a fine mess we’re in when teachers and school authorities start to demand protection from toddlers.]
Exactly what I thought too. I can’t help feeling that this was nothing but an unlucky accident. I mean, we all know that kids that age do things like poking eyes, noses, ears etc., because they don’t know the repercussions. Now he’s doomed to having every movement he makes being observed and analysed by a clutch of school psychologists, when all he did (poor kid) was behave just like any five-year-old behaves.
As regards that 5 year old – he is now barred from entering class by the MUT!
Hey, come to think of it my 3-year old son rammed me in the eye with his finger too the other day whilst we were playing – In the interest of justice I should be impartial to the fact that he is my son and report him to the police!
Dear Grace,
Would you be so kind as to elaborate as to your doubts on the Busuttil case? Also how you can defend the convicted criminal – you know, the one involved in Nardu Debono’s murder?
“ I can’t specify names for obvious reasons, but both names were mentioned elsewhere on this blog: a really sleazy lawyer-politician and one of the police officers involved in the frame-up.”
Yes, my favourite politician – I’m bringing the champagne right?
[Daphne – If there is a hell….]
Regarding the Great Crayon Crisis, the MUT’s reaction must take the biscuit: ’employing more social workers, psychologists, and counsellors will prevent these incidents from happening’. Presumably children will have a broader range of options where to shove their crayons. Here’s me wishing I were five and fully armed with a spanking new box of colouring pencils, preferably Made in China for extra toxicity.
Grace – Had the boy been 15 years old (as opposed to 5), then I would understand the teacher making a police report. But a 5-year-old kid? Whatever next?
Mark – “Here’s me wishing I were five and fully armed with a spanking new box of colouring pencils, preferably Made in China for extra toxicity.” – Aaaah! Memories of “Children’s Friend” miniature wax crayons spring to mind, in the days when there was not much more on the market.
1. The four defendants (Bonello, Psaila, Pullicino and the Commissioner of Police) were condemned “in solidum”. This means that Mifsud need only demand payment from one of them, and then it becomes an internal matter between the four of them how to rebalance matters between them. Obviously, Mifsud will not bother trying to extract payment from the first three. He will extract it from public coffers, i.e. the Commissioner of Police. I think it’s safe to assume that the other three defendants (if they had any sense) would have long transferred all and any assets that may be affected by any Court warrant.
2. To reply to an earlier comment, yes, Lawrence Pullicino “practises” as a lawyer. He sets up office somewhere or other and dispenses legal advice. He is barred from appearing before the Courts. However, and consequently, he delegates that part of the job to another lawyer and a legal procurator.
[Daphne – Thank you for this concise and accurate explanation.]
The judgement, in my eyes, has another more serious flaw – and I’m almost certain that Pullicino will win at least this point on appeal, painful as it is to have to say it.
Here’s what I mean:
1. Pullicino was not present for the beatings; nor was he directly involved with what went on during those 100 dark hours. He was abroad at the time and returned 2 days later. According to the evidence heard in Court, he did not lay a single finger on Mifsud.
2. At best, and in his capacity as Commissioner of Police, he was responsible for the doings of the entire Police Corps, and of all his underlings. He was also responsible for not (as Comm. of Police) having given the order for the abuse to stop, or to protect Mifsud in any way.
3. If we accept these two points above, then we have to agree that Pullicino could ONLY have been declared liable while wearing his “Commissioner hat”, and not in his personal capacity.
4. The judgement found BOTH Pullicino liable in his personal capacity, as well as the Commissioner of Police (i.e. the Office, in the same way we might say the Office of the President, or of the Prime Minister …).
This is a bit of a legal impossibility, or at least a point that is worthy of debate. My view is that it has to be one or the other, not both – don’t you think?
The full text of the judgement, for those who are interested is to be found here:
http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/CIVILI%20PRIM%20AWLA%20(SEDE%20KOSTITUZZJONALI)/2008/2008-10-30_176-1987-2_51480.PDF
It’s written over 44 pages of the usual turgid Legalese, but makes good reading nonetheless.
About this teacher who lodged a report with the police; I hope her head asks for a psychiatric report …on the teacher of course.
[Daphne – I never stick up for teachers. If teachers are attacked by pupils and parents, it’s almost always because they’ve been spiteful, cruel or vindictive. The difference is that certain kinds of children and parents act on their feelings and the rest don’t. The fact that a child or parent doesn’t come from the sort of background that frowns on giving the teacher ‘a straight’ does not mean that they do not feel a strong urge to do it. In my vast personal experience and that of my sons, no teacher is hated, disliked or despised unless he or she has done or said the sort of things that warrant it. On the other hand, teachers who love, like and respect their pupils are loved, liked and respected in return – and get the best results from them. The Malta Union of Teachers behaves as though the attacks on teachers are inexplicable, while others, one assumes, are loved inexplicably. Wrong: there are few people as awful as a spiteful or nasty teacher in control of a classroom full of vulnerable and half-terrorised children. I still curse the memory of some of my teachers, and wish I could go back in time as an adult and floor them, tearing out hanks of their hair for good measure. It is a recurrent fantasy. Equally, I celebrate the memory of others, and still thank their spirit regularly.]
“ I can’t specify names for obvious reasons, but both names were mentioned elsewhere on this blog: a really sleazy lawyer-politician and one of the police officers involved in the frame-up.”
But , let’s ne honest now. The “sleazy lawyer-politician ” was not the only one to be minister for the administering of justice in Malta,. Others after him took on the job . So why was so little done to see that justice was done with this poor Mifsud chap?
[Daphne – I wasn’t talking about justice for Mr Mifsud, but about immunity from prosecution for the perpetrators. It seems quite obvious to me that the only reason they were never prosecuted despite the clear evidence is because somebody guaranteed that they would not be, in return for something else.]