No comment – well, hardly any, anyway
Jose Herrera with his sister the magistrate: he wants to know why the chief justice isn't giving certain cases to certain magistrates
Last Sunday, Malta Today – well, actually, my childhood best friend’s little brother Raphael Vassallo, who we used to lock up so that he wouldn’t get into our hair and eavesdrop on our conversations – was scathing about the fact that I said I would petition the chief justice not to have my case heard by Magistrate Micallef Trigona.
The newspaper chose to go for a quote and an opinion to the retired judge Giuseppe Mifsud Bonnici, the least said about whom, the better. Suffice it to say that he has become something of a star of the small screen.
So bollocks to that, if you will excuse my language.
Meanwhile, it is apparently quite all right for Magistrate Scerri Herrera’s brother to hector the chief justice about how best to do his job – and to claim that ‘certain members of the bench’ – oh wonder of wonders – are not given cases which concern the government.
What can I say?
Maybe it isn’t only me who thinks that some magistrates and judges can’t be relied upon to be impartial.
Oh, by the way – this Farrugia Sacco he mentions here is a chum of his sister, too.
And what do you know? He went out with the same woman Magistrate Micallef Trigona had an affair with – though in his case it was fully legit, because he’s a widower.
But you get the picture.
Malta Today – NEWS | Wednesday, 26 November 2008
Herrera wary of Chief Justice’s assignment of cases
Labour MP Josè Herrera has warned that judges and magistrates risk being assigned cases according to their relationship with the government of the day, sounding the alarm bell over the apportionment of the caseload by Chief Justice Vincent Degaetano.
The assignment of casework was amended recently to give the Chief Justice the power to partition caseloads amongst the members of the judiciary. Herrera said this reform reduced the unnecessary interference from the government executive, which could have had “drastic consequences” on the courts’ independence.
But Herrera also said the judiciary might now be veering towards a situation in which certain members of the bench are sidelined from deciding cases that concern the government, or which have sensitive political consequences.
“A scenario can be created where, due to certain exigencies not necessarily legitimate, certain judges are passed over from deciding certain cases concerning government,” Herrera said.
He made explicit reference to the case of Mr Justice Carmelo Farrugia Sacco, who has been accused by the Commission for the Administration of Justice of being in breach of the judiciary’s code of ethics for occupying the post of president of the Malta Olympic Committee.
“Without any reservations, this member of the bench publicly criticised the way he had been assigned judicial work, slamming the way that libel suits were suddenly all assigned to one particular magistrate,” Herrera said.
Cases concerning libel suits have in fact now been passed on to Magistrate Michael Mallia.
“Labour is worried that today the assignment of duties is being taken to the other extreme: whereas before government’s power was limited to assigning courtrooms, today the assignment of duties is becoming more diffused.
“We don’t agree that judges presiding over the Civil Courts are not given Constitutional cases when this forms part of their general competence… if cases are apportioned in this manner, something not contemplated by the Constitution, we could be veering towards an even more dangerous interference,” Herrera said.
The Labour MP said the Opposition wanted this matter to be legally reviewed in a bid to have more transparency over the apportionment of judges’ duties and their independence.
Judge Lino Farrugia Sacco has defended himself against the claim that his involvement with the Malta Olympic Committee breaches the judiciary’s code of ethics, quoting a judgment that says that, if a judge feels that his conscience is clear, he does not need to feel uncomfortable or threatened about his independence.
The judge last year received a letter from the commission informing him that, as long as he kept his post, he was in breach of the code of ethics for the judiciary. Magistrate Antonio Mizzi, the president of the Malta Basketball Association, received a similar letter.
The code states that members of the judiciary “cannot hold any position, even if temporary, voluntary or honorary, and neither can they carry out any activity which, in the view of the Commission… may compromise their position, duties or functions.”
Farrugia Sacco has stated in the past that he believes the Commission’s stand is related to statements made by former education minister and Speaker of the House Louis Galea back in 2005 over the MOC’s criticism of sporting legislation, and issues related to the MOC’s autonomy and allocation of funding to sporting associations.
Back then, Galea had pointed out “the conflict for a Judge or Magistrate who, wearing the cap of MOC president or media director, takes a position against an act of parliament in public circumstances outside the judicial process” – referring to Farrugia Sacco and Mizzi (Mizzi was both an MOC director and MBA president).
Galea had said the Chief Justice had already asked the two members of the judiciary to conform to the code of ethics, which prohibits the judiciary from “behaviour that endangers their impartiality or independence”.
“I think it is related to that,” Farrugia Sacco told MaltaToday.
Government then decided to formally exclude the judge and magistrate from all official functions with immediate effect. The decision came into force on 13 December, when Farrugia Sacco and Mizzi were omitted from the official list of invitees to all functions commemorating Republic Day.
16 Comments Comment
Leave a Comment
Good luck with the case Daphne. We might not always agree on other issues but on this case you have my full support. Someone needed to challenge the judiciary system, they are not untouchables and should never be so. Good night for now.
There is a lot of unethical “tahwid” that goes on in our judiciary system.
I have no personal axe to grind with Magistrate Scerri Herrera, but she is currently in the limelight, representing a mere strand in the bowl of spaghetti.
Since we are morally evolved so as not to have these people lined up against a wall and shot, we will settle for DCG’s ink and courage any day.
Good luck, DCG. I hope you cling on to this one like a limpet and keep up, if not increase, the momentum.
Well interestingly enough, the current chairman of the Commission for the Administration of Justice is the same lawyer who dfended Farrugia Sacco an MIzzi before them. make a bet nothing is going to happen. talk about webs within webs.
@ mark and alan
Very true, but the cases of Farrugia Sacco and Antonio Mizzi have been going on for years and Consie’s personal life too. This is a question of ethics, but unfortunately it will be changed into a political issue if they are to be impeached, and we all know what will happen if it goes to parliament.
So these members of the judiciary believe they have ethics on their side in this argument. Just by stating that they indicate that they have flawed ethics or at least flawed common sense, both of which are essential to do their job.
Well Arrigo was caught red-handed and jahasra he got depressed and was sent to spend his sentence in relative comfort rather than in prison – shame on all, whoever they are that allow these things to happen.
@RPiscopo
Agreed, agreed, and agreed.
Impeached? Political issues? Parliament?
That’ll be the day.
Such matters are scalding potatos nobody will touch at those levels. I can imagine all sides scurrying about with their shovels, trying to bury these things (or themselves), as deep as they can.
Daphne cannot do what ought to be done about these issues, but uncovering them is more than any of us can, or are willing, to do.
No number of shovels are a match for her bulldozer pen.
Now if it takes a few colourful metaphores to grab our undivided attention, while putting some entertaining spice into what would be an otherwise monotonous drone, so definitely be it.
http://www.timesofmalta.com/articles/view/20100217/local/chief-justice-denies-receiving-caruana-galizia-petition-for-removal-of-magistrate-from-libel-cases
Put them straight, please.
[Daphne – No, this is the correct version of events. I wrote on this blog that I would petition the Chief Justice to have the magistrate removed from those two libel suits in which I am involved. She then declared that she would abstain, so no petition was necessary. Meanwhile, Malta Today, Maltastar and Super One began to suggest that I had somehow used undue influence with the Chief Justice. That’s right, because we meet for tea all the time.]
Daphne, take a look at this: http://www.timesofmalta.com/articles/view/20100217/local/chief-justice-denies-receiving-caruana-galizia-petition-for-removal-of-magistrate-from-libel-cases
http://www.timesofmalta.com/articles/view/20100217/local/chief-justice-denies-receiving-caruana-galizia-petition-for-removal-of-magistrate-from-libel-cases
Is it true?
[Daphne – Of course. The Chief Justice was reacting to false insinuations by Malta Today, Super One and Maltastar. The magistrate gave up the cases of her own accord – as well she might, given that she had no alternative route. And so I didn’t have to petition the Chief Justice.]
Dear Daphne,
Hope you do not mind that I address as you by your first name – must admit that we share many similar views such as your thoughts about religion, restraints on freedom of speech and why men sometimes treat women as inferior species.
But after reading all what has been going lately about this ‘power game’ by certain individuals, this reminded me of an elegy I had came across when my father died a year ago and was I was looking for some inspiration.
The boast of heraldry, the pomp of power,
And all that beauty, all the wealth ever gave,
Awaits alike the inevitable hour.
The paths of glory lead but to the grave.
You are such a succer baby dephne you wish to impeach 2 fine people who are dedicating there free time in keeping our kids off the streets and make good of there youth by taking part in sports.
that the only think you are capaple of doing need to hear more lady venim.
Verbal diarrhoea is a serious illness, especially when it involves worrying symptoms like lousy syntax.
I think he makes a serious effort to look stupid or quite possibly, it’s a natural gift. Perhaps he missed the bus when his idol Dom was taking us into the 21st century.
Repeat after me
venOm
denIm
venOm
denIm
venOm
denIm
tony haqqu copy ta miss.
“I must learn to write venom correctly and forget venim”
ghal 200 times, u gibha iffirmata ghada.
http://public.di-ve.com/streaming/on_demand_media_streamer.aspx?id=3393&encoding=8&backUrl=streaming%2fon_demand_event_encoding.aspx%3fid%3d3393
why on earth did you cut my comment in half,you do not like what i have told you are trying to hide the truth i was thinking that you do not like to sensure any one what about my comment baby daphne lady of venim.