We need a commitment from the Labour Party
Published:
January 31, 2010 at 1:31pm
The Labour Party needs to reassure us of one thing now: that it won’t make Consuelo Scerri Herrera, seen here with Super One’s Charlon Gouder and Jason Micallef’s sidekick Jonathan Attard, a judge – either in the national court or in the European Court of Human Rights.
Or maybe Joseph Muscat thinks her behaviour is progressive.
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Do you think she has the guts to face people in court tomorrow morning as she presides and decides over their fate? I certainly wouldn’t.
[Daphne – Yes, she will. Ghandha wicca u sorma l-istess (literally as well as figuratively).]
Hi George Cross! The question is will plaintiffs, defendants and legal aides feel slightly uncomfortable in her presence?
I’ve already heard some picturesque comments doing the rounds amongst marixalli!
http://www.youtube.com/watch?v=EsK_1yuFRsI
Joseph Muscat can’t keep Toni Abela at bay, let alone Consuelo!
Isn’t this whole saga exciting? Just imagine post 2013.. Consuelo becomes a judge, Charlon Gouder is promoted to head PR at Castille and Jonathan Attard to the PBS newsroom.
Musumeci will obviously be in charge of MEPA. The rest will keep on partying and slicing visually repulsive cakes.
Unless the Government really takes charge of these scandals, in court and in the public administration, no one will ever have any confidence in these authorities. Scandalous. All of them. As for the Opposition, not even worth it to talk about it. Just they are not the alternative government in waiting. They are also a disgrace to our nation.
I agree (with both senses of your comment). It’s unbelievable, isn’t it! There are certainly some good people in the judiciary, but the entire institution has been dragged through the mud by the likes of this woman and others. She should do us all (and herself) a favour and just go! Sadly, she will not as she strikes me as being one of those who simply want to hang on to power at all costs.
http://www.youtube.com/watch?v=bZNDv8fLK1E
You forgot to mention the European Court of Justice in Luxembourg, which, with the coming into effect of the Lisbon treaty (01.12.2009), is now more powerful as it also rules over EU citizens’ fundamental rights and not just ‘EU law’ – which is also extended with the LT (see Charter of Fundamental Rights, Part II of the Lisbon treaty).
[Daphne – Hey, Kevin, before participating in this discussion, you’d better check out what your wife Sharon Ellul Bonici is writing about me on her Facebook page. Apparently, she’s another one of those middle-aged people who don’t know how Facebook functions and thinks it’s the equivalent of having a private gossip. She seems to believe that I’m jealous of all the sex Consuelo has because I’m sexually frustrated, and that I want to be invited to her parties because they’re events where ‘people put politics aside’. Sigh.]
I think Sharon means events where ‘people put morals and decency aside’
I wouldn’t know. I don’t do Facebook.
Ermm..how much will those people be fined? I think it’s still against the law to smoke in a closed environment? Or is it permissible to do so if you’re standing next to a magistrate?
It was a private party.
I hope to god this wasn’t the birthday party we gatecrashed yesterday. The dancefloor was uncomfortably crowded with MIRNFs.
“that it won’t make Consuelo Scerri Herrera…..a judge – either in the national court or in the European Court of Human Rights”
Ma jkunx hemm skrutinju mill-pajjizi l-ohra dwar l-ghazliet ta’ kull pajjiz? Tahseb li xi pajjiz isir jaf bdan li qed tghid int fuq Consuelo ha jhalli lil gvern Laburista Malti tghaddi tieghu?
How about a commitment from our Prime Minister, Daphne? You seem to forget he is the one in power at the moment, or is he not? Or maybe he is not after all. Daphne, during the past 24hrs you have won my deepest respect for not being afraid and speaking out even if it means exposing yourself to danger.
If Dr.Gonzi commits himself to uncover all the horrible injustices which have been uncovered in the recent blogs I promise him my vote. Same goes for Muscat. My family background is PL but I’m a floater and will only vote the party that will defend our rights (all of us), be it blue or red. I will never accept thuggery and politicians linked with murdering thugs especially.
[Daphne – Lawrence Gonzi and Carmelo Mifsud Bonnici will never make Consuelo Herrera a judge, not because she’s Labour but because she’s not respectable.]
Yes but what about the murder case of Lino Cauchi. I find murder to be much worse than corruption. I hope you agree with me on this one. Why was it stopped with a lame excuse such as ‘proscribed by law’. What the hell does that mean really? It was a case of murder.
[Daphne – Of course I agree with you. I am actually old enough to remember when he disappeared and when the body was found in the well. But I don’t know the law enough to answer you. People somebody else will.]
The case is horrible. They cut him in pieces and threw him in a well. Just becuase he was going to expose them. And yet the same people who murdered him are still running around in our society. That’s what I find unacceptable.
[Daphne – Not only are they still running around in our society, but they’re gearing up to run our society starting in 2013.]
At least Alternattiva made an official statement urging the government to investigate ..seriously this time. Proscribed by law..my ass. I urge the honest magistrates to clean up their team. I urge the Prime Minister to investigate.
In this case the “time barring” from prosecution is of twenty years – in this case the murder took place in 1982 – so it was time barred by 2002 as none were accused.
The seemingly unfairness of time barring used to be explained quite simply by my late forensic medicine lecturer. Imagine if you are accused of commiting a crime say 30 years ago and at the time of the crime you had a very strong alibi, but this needed to be confirmed by a witness that has now died. How are you going to defend yourself? Other reasons might also be due to the legal time limit that one is obliged to keep official documents e.g. receipts, tax forms, etc.
The problem in the case of Lino Cauchi, is that the police team investigating the crime at that time (I think headed by Anglu Farrugia) did not turn up anything significant (either due to incompetency or design) within a reasonable time after the crime (i.e 12-18 months following the crime). This is usually the best time to collect concrete evidence and witnesses. Once two or three years pass, it is very difficult to come to a conclusion except if one of the culprits decides to speak out and incriminates the lot.
And seeing how these things were dealt in those times (and I remember them well) it would have been very difficult for him/her to remain alive. BTW just ot remind you, Lino Cauchi was not alone, his partner Lino Manfre was also allegedly killed in the hospital ward some months before.
Chris II. Your lecturer indeed gave a “simple” explanation. Not enough to explain why Nazi criminals are still being prosecuted some 70 years after the event.
For those who may be too young to remember, for those who may have forgotten, for those who still think that Labour had better be in government soon (much as I detest Malta Today) I am posting a link here: http://www.maltatoday.com.mt/resources/pdf/03_03.pdf
Do bear in mind that Lino Cauchi was reportedly the accountant of Fusellu’s wife. As far as I recall, he disappeared shortly after boxed adverts appeared in The Times asking for information regarding the whereabouts of a number of cars, including Fusellu’s yellow Mercedes, then a regular sight in Sliema.
In the Uk they are reviewing murder and other cases which took place when DNA testing was not available. They have solved quite a few cold cases and prosecuted the perpetrators successfully; some of these dated back to the 80s. On the other hand there have been a handful of cases where the wrong person had been out in gaol on the basis of his confession to the police and has now been released and awarded financial compensation.
But we have the prescription clause so some high profile cases,convenuently for the culprits, cannot be followed up .
Some legal beagle correct me if I am wrong
(I would have liked to put this under the one by John but the reply button was missing)
International law, specifically the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity as well as Article 29 of the Rome Statute of the International Criminal Court, lists genocide, crimes against humanity, and war crimes as crimes that should not be subject to statute of limitations, nor to prescription.
As for the UK’s cold cases, the UK does not have prescription or satute of limitations except for non criminal cases. But other countries have: e.g France – 10 years for murder, Italy – 30 years and a number of others e.g. Germany and the Netherlands, had a statute of limitations for murder up to a couple of years ago. So as you can see, we were not unique and there is no hidden agendas on his part of the criminal code.
One can discuss at length if such rule is useful or not as there are both arguments in favour and against. On the other hand, one might find oneself in the US dilemma – e.g. all states do not have a statute of limitation for murders but they have for second degree and manslaughter (sometimes quite short .e.g Florida 4 years). In such a case, if one is accused of 1st degree murder say 5 years after the event, one cannot plea for 2nd degree murder as such a crime would have been time limited, and thus the jury has to decide either for 1st degree or none at all.
Talking of village bicycles and, well, you know who, these tracks would make pretty good background music – Not that R. would remember them, anyway, considering that he must have been in nappies in their heyday.
http://www.youtube.com/watch?v=2CTPLUcQAjk
http://www.youtube.com/watch?v=-D99n9f3vU4
Daphne, once again I take my hat off to you. You have more guts than the rest of Malta’s journalists put together. High time someone put your name forward for Woman of the Year, if such an award exists.
To do what you’re doing, with a husband who is a lawyer and yourself due to appear in Consuelo’s courtroom in just over a week, is incredible. To take on, without any apparent fear, both political parties, the judiciary and the rat-bags in the police is astonishing, truly astonishing.
My compliments to Peter too. I admire him for the total support he obviously provides you with.
Jonathan Attard is another Super One reporter on his way to Labourite stardom (can that exist?). Like Charlon, he is currently reading for a degree in law.
When Charlon becomes a lawyer he intends opening an office in Albert Town, Marsa.
I think someone should draw up Consie’s guest list.
With the likes of Charlon, Jonathan, il-Farell etc, it has the potential of being high on the agenda of anyone present at the law courts tomorrow morning.
That’s Consie’s daughter giving the thumbs up I once met her during a school activity. She went on and on rambling about how successful her mother was and trying to make us all jealous of her. I didn’t imagine that the success she was referring to was of a sexual nature.
I don’t think the ECHR would be rushing to appoint such a personality.