If you can't stand the heat, Magistrate Consuelo Herrera, get out of the kitchen

Published: March 15, 2010 at 11:37am
I'm going to get a protection order to stop her writing about Muppets.

I'm going to get a protection order to stop her writing about Muppets.

Magistrate Consuelo Herrera this morning filed yet another request for a ‘protection order’ to stop me writing about her.

Protection orders are used in cases of violence or the threat of violence. They are not used by public persons paid out of the public purse and in positions of public trust to stop journalists writing about them, just because they don’t like what’s being written even though it’s true.

That’s why Vince Farrugia has been granted a protection order to keep Sandro Chetcuti away from him.

That’s why the prime minister doesn’t ask for a protection order against Charlon Gouder and Super One.

You really have to be raised by Laburisti and be a Laburista yourself, like Consuelo Herrera and her brother the Labour MP, to think in terms of gagging journalists to stop them discussing you and saying things you don’t want other people to know about.

Shame they can’t make use of Il-Qahbu and Il-Qattus, though you never know what one of their ‘fans’ might get up to – without their approval, permission or direction, I hasten to add – and that’s why I have police protection at night.

No, not the sort of nocturnal police protection the magistrate had (and of which I have proof).

Labour: it’s just a totally different mindset.

If Magistrate Herrera didn’t want me to report that she was in a restaurant with Jeffrey Pullicino Orlando and her brother who has had a brief moment of notoriety for shouting ‘F’ghoxx dak Gonzi taghkom’ in parliament, then she shouldn’t have gone.

End of story.

If she doesn’t like the heat, then she should bloody well get out of that kitchen.

Resign, Consuelo Herrera, and do what the hell you like thereafter.

Mur arakhom fil-gvern, x’biza ta’ nies.




33 Comments Comment

  1. Alan says:

    I repeat what I said in another post in reply to a ‘warning comment’ about the dinner blog. The comments were from what I assume is a lawyer of sorts.

    @Whoa, there!

    a) Consuelo Scerri Herrera, Jose Herrera, Robert Musumeci and Jeffrey Pullicino Orlando are public figures.

    b) In the case of Consuelo particularly, she does not have a private life per se, by default. That’s what blog-posts since the end of January have been pointing out.

    c) What she does, whether in her public life or her private life, is subject to public interest issues.

    d) Jose Herrera shouted ‘F’gh*xx Gonzi’ in parliament only a few days ago. This made it a very bad idea for the magistrate, her PN politician lover, and more so Jeffrey Pullicino Orlando to be seen with him at a restaurant in the immediate aftermath, because it signifies approval of what he did. Consuelo may be his sister, but she is also a magistrate.

    e) Was there anything remotely strange about the conjunction of people on that dinner table? Yes.

    f) Does Daphne write in the mainstream media? Yes. This blog is very mainstream – probably one of the most mainstream at the moment. She is a long-established newspaper columnist, too.

    g) Does the law give her the right to report on the activities of public persons? Yes. If Consuelo and Robert were at dinner with their parents or with some anonymous friends, Daphne would have had no story and wouldn’t have bothered. It was the presence of Jeffrey Pullicino Orlando and of Jose Herrera that made the story. And you know that.

    h) Do journalists report “hot news”, and even seek it because that means they are good at their jobs? Yes.

    i) Did the LLD or thereabouts I presume you have come free in a packet of Twistees?

    This blog-post is nothing but good reporting and fair comment

    ———————-

    • Twanny says:

      Your position might just hold water if the name of the restaurant was not mentioned. But the pinpointing of the precise location changes the matter completely. Surely you can see that.

      [Daphne – No, I can’t. But that might be because I don’t think Malta has special status in the free world.]

  2. red-nose says:

    Jahasra! Kellhom chance ikomplu fejn halla Alfred Sant fuq it-“tnaddif” tal-partit – mid-dehra aktar qed jithammeg. Joseph Muscat ghandu partit “out of control”.

    • APL says:

      That’s true, but I’m sad to say that even Gonzi has some people who are out of control. Both parties need a clean sweep, from top to bottom.

  3. La Redoute says:

    And now Maltastar and Super One will announce in a shocked tone that public persons can eat where they like without having the matter reported. At this rate they’ll whizz past the Pulitzer and get their clammy hands on a Golden Coconut award.

    http://www.coconutgreetings.com/i/sports10.jpg

  4. Alan says:

    Come to think of it, I am wondering why Jose Herrera didn’t take the cue from his sister and rush into court this morning wailing that he is not a Mexican pepper …. on a stiiiiiiiiiick.

  5. Twanny says:

    It was pretty obvious this would happen. You definitely “crossed the line” (as opposed to just pushing it) with that “at this restaurant right now” post.

    [Daphne – Yes, it’s pretty obvious because she’s from the Labour camp and doesn’t understand the parameters of freedom of expression in regard to public persons paid out of the public purse and in positions of public trust. It was also pretty obvious that she would walk slap-bang into it. The last thing you should do when you’re in her position and being written about is ask for a protection order, because it immediately makes you look like the aggressor, and one with free-speech issues, what’s more. And that’s bad news when you’re a magistrate, more so when you’ve been led right up the garden-path – by this blog – into illustrating exactly why magistrates should be cautious in their choice of playmates and their social lives, as the Code of Ethics dictates.]

    • Alan says:

      “Joseph Muscat is going to address an audience at X hotel about x y or z”

      Quick, somebody go get a protection order for him against Maltastar, ma jmorrux imorru xi mobb ta’ Nazzjonalisti ikunu jafu fejn qieghed, to beat the crap out of him.

      Come off it. You just don’t get it, do you, Twanny.

      • Twanny says:

        Don’t be obtuse, please. There is a world of difference between publicising a public address (where the people concern want max publicity) and broadcasting the precise time and place where someone is having dinner.
        Don’t make this blog comical.

        [Daphne – Find me a court which will tell me that I can’t say where three politicians are having dinner with a magistrate while they are having that dinner, and then come back to me. It’s probably in Saudi Arabia.]

      • La Redoute says:

        Actually, it isn’t just ‘three politicians and a magistrate’.

        It’s one magistrate accompanied by a politician who is not her husband, one shadow minister of justice, and another politician who is one of the parties in a case over which the same magistrate is sitting in judgement.

    • Twanny says:

      All true, possibly – except for the pinpointing of the place and time. That is 100% wrong unless it was a material issue (for ex. if the owner of the restaurant was involved).

      Otherwise it is simply wrong, and there is no way of getting around that.

      [Daphne – Give up, Twanny. ‘It’s wrong because I said so’. Such Labour thinking, dear heavens. We need more than a second university, I would think, given that so much racanc is coming of the first.]

      • ciccio2010 says:

        Twanny, I have followed this blog for some time now. Never did I find any reference, from Daphne or anyone else, inciting to violence or harm to anyone. This is a news blog, with some scoops, a substantial amount of humour, and a lot of public opinion.

        So I do not see neither your point, nor the magistrate’s.

        Daphne was not at Tarragon on Saturday, and she said quite clearly that someone else informed her of the magistrate’s whereabouts and company.

        Let us hope that the court will reject this request once again. It appears to be only a detour to getting a gag on this blog.

        I am wondering what sort of protection order we can get against unethical behaviour perpetrated by magistrates.

      • Lacy says:

        Maybe the reception class idea wasn’t so bad after all.

    • Mandy Mallia says:

      Asking for a protection order also makes the general public think that she knows you have more information and wants to stop you bringing it out.

    • john xuereb says:

      Twanny,

      JIgijieri meta l-Ministru Fenech u z-zewg imprendituri siefru flimkien fuq ajruplan privat, ghalik kien sewwa li nqala dak il-kjas enormi minn-naha ta’ l-istampa u xandara tal-Labour Party. Hemmhekk your party did not cross the line.

      Li nista nghid haga wahda: kont Nazzjonalist qed nibred, imma grazzi ghall Daphne u Daphne biss, ergajt sirt Nazzjonalist konvint.

      Grazzi, Daphne.

  6. Hmmm says:

    Magistrate Herrera appears to believe that she is not accountable to anyone.

    This was not just a woman out with her brother, her lover and her friends.

    This was a member of the judiciary, accompanied by a politician, dining out with the shadow minister of justice and with a member of parliament who is cited as one of the weak links that could bring down the government.

  7. Corinne Vella says:

    Is it acceptable practice for a magistrate to dine out with one of the parties in a case over which she is presiding?

    http://www2.justice.gov.mt/kawzi/ccm_sitt.asp?FrmCM=222936&lng=ENG

    • Mandy Mallia says:

      Maybe Twanny would like to answer that one. Even better, then maybe the magistrate herself would.

      Then again, what is not illegal seems to be morally acceptable to most here in Malta.

    • Mandy Mallia says:

      I am reproducing the information of the link you provided beneath, for the benefit of those who are unable to access such links from their computers:

      Reference 113/2008
      Court Of Magistrates (Civil) – Malta
      Names Vella Karmenu Onor Et vs Pullicino Orlando Jeffrey Onor
      Lawyer Abela Toni

      No. Date Time Hall State Outcome Judiciary
      29/03/2010 09:00 Possible Waiver Of Cause Consuelo-Pilar Scerri Herrera
      27 04/03/2010 10:45 8 Probable Compromise Deferred Consuelo-Pilar Scerri Herrera
      5 21/01/2010 09:00 8 Continuation Deferred Consuelo-Pilar Scerri Herrera
      19 15/12/2009 09:00 Proof Deferred Consuelo-Pilar Scerri Herrera
      30 27/11/2009 10:30 8 Proof Deferred Consuelo-Pilar Scerri Herrera
      20 24/11/2009 10:30 Proof Sitting Adjourned Consuelo-Pilar Scerri Herrera
      29 08/10/2009 11:00 8 Proof Deferred Consuelo-Pilar Scerri Herrera
      34 07/07/2009 11:00 8 Continuation Deferred Consuelo-Pilar Scerri Herrera
      25 10/06/2009 10:00 8 Continuation Deferred Consuelo-Pilar Scerri Herrera
      5 26/05/2009 09:00 8 Other Information Deferred Consuelo-Pilar Scerri Herrera

      Maybe it would also help Twanny see things differently.

      Maybe the Chief Justice would like to take a little look into the matter too.

  8. Joe says:

    Kif tippretendi li n-nies ikollhom rispett lejn din il-bicca ta´ magistrat! U Musumeci x´purcinel hu? Possibli mhux jittendi li kulhadd iddisgustat bih?

    Ghax ma jaghmilx bhal l-iben il-hali tal-parabbola, ihalli l-hajja mahmuga li qed jghix u ma jhallix lil din il-mara, li mohhha biss tkisser iz-zwiegijiet, tuzah izjed?

  9. FAA-R OUT says:

    Hawnhekk fejn tohrog differenza importanti bejn il-magistrata, u per ezempju, Astrid Vella tal-FAA. Astrid ma tiddejjaqx tmur fuq is-Super One biex tghidilna fejn se tkun ezatt, il-hin, u ma’ min, meta tkun sejra tipprotesta.

    Hekk hu – hi ma tiddejjaqx, imma iddejjaq lilna.

  10. Another John says:

    This is really and truly disgusting. I just cannot believe that in this day and age, a magistrate who is behaving so inappropriately is allowed to continue representing our judicial system. It is a real shame.

    The last link that Corinne Vella just posted goes to show why it is of relevance that the public knows exactly what public figures are up to. Twanny, I hope you see now – but I am not holding my breath – why it is of relevance that we know what public officials are up to.

    I can just imagine how One News and Co are going to twist the facts so as to try to fool their followers. This is so sad.

  11. FAA-R OUT says:

    Allura nghid jien, JPO, Robert Musumeci u Jose Herrera, fost 10 ohra, ghalfejn ma talbux protection order ukoll?

    • Alan says:

      Ghax Jose Herrera nahseb ghandu iktar sense minn ohtu.

      Ghax Musumeci qieghed jirtod, denbu bejn saqajh, jistenna x’veritajjiet johorgu.

      Ghax Pullicino Orlando farfett.

      Ghax is-sitta l-ohra mghumiex public figures u ma issemmux. U ma kellomx ghalfejn jissemmu ghax fil-fatt, mhumiex public figures u suggetti ghar-rapporti fil-media.

      Werzieqa wahda biss hemm fosthom.

    • La Redoute says:

      Thajjarhomx, ghax jaqaw ghac-cajt izjed mill qeghdin bhal issa.

  12. Hmmm says:

    Maybe we should all file a protection order against Magistrate Herrera’s attempt to gag freedom of expression.

  13. TROY says:

    Issa ghax kollox dar kontrik trid tiprova twaqqaf lil Daphne u lilnha. NO WAY JOSE.

  14. free falling says:

    Has Magistrate Herrera ever thought of renting the “Ghar u Casa” in Mellieha – she will then be able to run away from it all.

    On second thoughts, why is it that she is continually seeking protection orders? Does she have something to hide or has she suddenly discovered the meaning of the word integrity.

  15. michael woods says:

    God only knows what Dr. Sant is thinking, you know – Joe Grima and bella compania.

  16. JENNY says:

    @joe

    who are you to judge?

  17. r attard says:

    Please will somebody tell the magistrate very slowly that the best thing she can do for her tattered image is to resign and become a private person. As such she would be able to organise parties, invite any person she wishes, change bed partners and act out any of her lurid fantasies.

    As a magistrate she should have behaved in a proper manner according to a common code of ethics for the judiciary.

    Will somebody also tell her that we are ashamed of her and that her reputation is now forever lost, no matter whether she succeeds in gagging this blog or not.

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