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	Comments on: It&#039;s not looking good for poor Anthony Mifsud (not that it ever was)	</title>
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	<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
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		<title>
		By: Sybil		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17060</link>

		<dc:creator><![CDATA[Sybil]]></dc:creator>
		<pubDate>Sun, 02 Nov 2008 22:34:17 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17060</guid>

					<description><![CDATA[&lt;em&gt;“ 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.”&lt;/em&gt;

But , let&#039;s ne honest now. The &quot;sleazy lawyer-politician &quot; 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?

&lt;strong&gt;[Daphne - I wasn&#039;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.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p><em>“ 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.”</em></p>
<p>But , let&#8217;s ne honest now. The &#8220;sleazy lawyer-politician &#8221; 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?</p>
<p><strong>[Daphne &#8211; I wasn&#8217;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.]</strong></p>
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		<title>
		By: Anthony		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17059</link>

		<dc:creator><![CDATA[Anthony]]></dc:creator>
		<pubDate>Sun, 02 Nov 2008 21:04:16 +0000</pubDate>
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					<description><![CDATA[About this teacher who lodged a report with the police; I hope her head asks for a psychiatric report ...on the teacher of course.

&lt;strong&gt;[Daphne - I never stick up for teachers. If teachers are attacked by pupils and parents, it&#039;s almost always because they&#039;ve been spiteful, cruel or vindictive. The difference is that certain kinds of children and parents act on their feelings and the rest don&#039;t. The fact that a child or parent doesn&#039;t come from the sort of background that frowns on giving the teacher &#039;a straight&#039; 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.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>About this teacher who lodged a report with the police; I hope her head asks for a psychiatric report &#8230;on the teacher of course.</p>
<p><strong>[Daphne &#8211; I never stick up for teachers. If teachers are attacked by pupils and parents, it&#8217;s almost always because they&#8217;ve been spiteful, cruel or vindictive. The difference is that certain kinds of children and parents act on their feelings and the rest don&#8217;t. The fact that a child or parent doesn&#8217;t come from the sort of background that frowns on giving the teacher &#8216;a straight&#8217; 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 &#8211; 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.]</strong></p>
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		<title>
		By: Peter Camilleri		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17058</link>

		<dc:creator><![CDATA[Peter Camilleri]]></dc:creator>
		<pubDate>Sun, 02 Nov 2008 14:30:57 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17058</guid>

					<description><![CDATA[The judgement, in my eyes, has another more serious flaw - and I&#039;m almost certain that Pullicino will win at least this point on appeal, painful as it is to have to say it.

Here&#039;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 &quot;Commissioner hat&quot;, 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&#039;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&#039;s written over 44 pages of the usual turgid Legalese, but makes good reading nonetheless.]]></description>
			<content:encoded><![CDATA[<p>The judgement, in my eyes, has another more serious flaw &#8211; and I&#8217;m almost certain that Pullicino will win at least this point on appeal, painful as it is to have to say it.</p>
<p>Here&#8217;s what I mean:<br />
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.<br />
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.<br />
3.  If we accept these two points above, then we have to agree that Pullicino could ONLY have been declared liable while wearing his &#8220;Commissioner hat&#8221;, and not in his personal capacity.<br />
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 &#8230;).</p>
<p>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 &#8211; don&#8217;t you think?</p>
<p>The full text of the judgement, for those who are interested is to be found here:<br />
<a href="http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/CIVILI%20PRIM%20AWLA%20(SEDE%20KOSTITUZZJONALI)/2008/2008-10-30_176-1987-2_51480.PDF" rel="nofollow ugc">http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/CIVILI%20PRIM%20AWLA%20(SEDE%20KOSTITUZZJONALI)/2008/2008-10-30_176-1987-2_51480.PDF</a><br />
It&#8217;s written over 44 pages of the usual turgid Legalese, but makes good reading nonetheless.</p>
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		<title>
		By: Peter Camilleri		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17057</link>

		<dc:creator><![CDATA[Peter Camilleri]]></dc:creator>
		<pubDate>Sun, 02 Nov 2008 10:03:24 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17057</guid>

					<description><![CDATA[1. The four defendants (Bonello, Psaila, Pullicino and the Commissioner of Police) were condemned &quot;in solidum&quot;.  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&#039;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 &quot;practises&quot; 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.

&lt;strong&gt;[Daphne - Thank you for this concise and accurate explanation.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>1. The four defendants (Bonello, Psaila, Pullicino and the Commissioner of Police) were condemned &#8220;in solidum&#8221;.  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&#8217;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.</p>
<p>2.  To reply to an earlier comment, yes, Lawrence Pullicino &#8220;practises&#8221; 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.</p>
<p><strong>[Daphne &#8211; Thank you for this concise and accurate explanation.]</strong></p>
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		<title>
		By: Amanda Mallia		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17056</link>

		<dc:creator><![CDATA[Amanda Mallia]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 19:33:44 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17056</guid>

					<description><![CDATA[&lt;em&gt;Mark - &quot;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.&quot; &lt;/em&gt;- Aaaah! Memories of &quot;Children&#039;s Friend&quot; miniature wax crayons spring to mind, in the days when there was not much more on the market.]]></description>
			<content:encoded><![CDATA[<p><em>Mark &#8211; &#8220;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.&#8221; </em>&#8211; Aaaah! Memories of &#8220;Children&#8217;s Friend&#8221; miniature wax crayons spring to mind, in the days when there was not much more on the market.</p>
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		<title>
		By: Amanda Mallia		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17055</link>

		<dc:creator><![CDATA[Amanda Mallia]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 15:02:35 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17055</guid>

					<description><![CDATA[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?]]></description>
			<content:encoded><![CDATA[<p>Grace &#8211; 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?</p>
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		<title>
		By: Mark		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17054</link>

		<dc:creator><![CDATA[Mark]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 14:15:44 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17054</guid>

					<description><![CDATA[Regarding the Great Crayon Crisis, the MUT&#039;s reaction must take the biscuit: &#039;employing more social workers, psychologists, and counsellors will prevent these incidents from happening&#039;. Presumably children will have a broader range of options where to shove their crayons. Here&#039;s me wishing I were five and fully armed with a spanking new box of colouring pencils, preferably Made in China for extra toxicity.]]></description>
			<content:encoded><![CDATA[<p>Regarding the Great Crayon Crisis, the MUT&#8217;s reaction must take the biscuit: &#8217;employing more social workers, psychologists, and counsellors will prevent these incidents from happening&#8217;. Presumably children will have a broader range of options where to shove their crayons. Here&#8217;s me wishing I were five and fully armed with a spanking new box of colouring pencils, preferably Made in China for extra toxicity.</p>
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		<title>
		By: David Buttigieg		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17053</link>

		<dc:creator><![CDATA[David Buttigieg]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 10:56:45 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17053</guid>

					<description><![CDATA[&quot;&lt;em&gt; I can&#039;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.&quot;
&lt;/em&gt;
Yes, my favourite politician - I&#039;m bringing the champagne right?

&lt;strong&gt;[Daphne - If there is a hell....]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>&#8220;<em> I can&#8217;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.&#8221;<br />
</em><br />
Yes, my favourite politician &#8211; I&#8217;m bringing the champagne right?</p>
<p><strong>[Daphne &#8211; If there is a hell&#8230;.]</strong></p>
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		<title>
		By: David Buttigieg		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17052</link>

		<dc:creator><![CDATA[David Buttigieg]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 10:55:54 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17052</guid>

					<description><![CDATA[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&#039;s murder?]]></description>
			<content:encoded><![CDATA[<p>Dear Grace,</p>
<p>Would you be so kind as to elaborate as to your doubts on the Busuttil case?  Also how you can defend the convicted criminal &#8211; you know, the one involved in Nardu Debono&#8217;s murder?</p>
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		<title>
		By: David Buttigieg		</title>
		<link>https://daphnecaruanagalizia.com/2008/10/its-not-looking-good-for-poor-anthony-mifsud-not-that-it-ever-was/#comment-17051</link>

		<dc:creator><![CDATA[David Buttigieg]]></dc:creator>
		<pubDate>Sat, 01 Nov 2008 10:42:55 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=974#comment-17051</guid>

					<description><![CDATA[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!]]></description>
			<content:encoded><![CDATA[<p>As regards that 5 year old &#8211; he is now barred from entering class by the MUT!</p>
<p>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 &#8211; In the interest of justice I should be impartial to the fact that he is my son and report him to the police!</p>
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