Is the magistrate lying to her lawyer too?

Published: March 11, 2010 at 12:40pm
Oh my god, I thought you were the Kappillan and the Mayor of Siggiewi

Oh my god, I thought you were the Kappillan and the Mayor of Siggiewi

I wonder just how much (or rather how little) Magistrate Herrera has told her own lawyer. If he’s taking her word for it, perhaps he’s realised by now that he’s on increasingly slippery ground.

As for this part of the statement last night by the Commission for the Administration of Justice that ‘it has taken no decision in any proceedings before it involving Magistrate Dr Consuelo Scerri Herrera’, are we to take it to mean that the proceedings are multiple and not just the one?

Magistrate Herrera lied under oath on another score, too: she told the court that the complaint made to the Commission for the Administration of Justice (the one I wrote about) is about property she owns with a lawyer in Gozo, and that’s why she ‘exhibited her assets’ to prove that it wasn’t true.

The Commission cannot give the lie to this one, because it is bound by confidentiality. But I can, and rest assured that my source is not the Commission. There are others who know what the report was about.

It’s not about property she owns with Dr Carmelo Galea in Gozo. It’s about a ruling she is alleged to have given favouring Dr Galea in such a way that he was able to buy a piece of land at far less than it was worth and far less than what another party was prepared to pay for it.

I am not saying that she did this or didn’t do this. I am pointing out that this is, in a nutshell, the nature of one of the complaints which the Commission was asked to investigate, and which it has still not concluded. There may be other complaints relating to property she owns, for all I know, but this is the one I was talking about. And she knows it. But does her lawyer know it? Or is he being taken for a ride?

The Times, today

Magistrate Consuelo Scerri Herrera’s case
No decision taken yet – Commission for Justice

Christian Peregin

The Commission for the Administration of Justice said yesterday it had taken “no decision” in any proceedings involving Magistrate Consuelo Scerri Herrera.

It said: “With reference to reports that have appeared in the press and electronic media, the commission clarifies that, to date, it has taken no decision in any proceedings before it involving Magistrate Dr Consuelo Scerri Herrera.”

Testifying on Monday against columnist Daphne Caruana Galizia, who is charged with defaming the magistrate in a series of articles on her blog, Dr Scerri Herrera said she had presented her assets to the commission and found to have done no wrong. That statement came in reaction to allegations of abuse of power levelled at her by Ms Caruana Galizia.

The magistrate’s lawyer, Stephen Tonna Lowell, yesterday denied that Dr Scerri Herrera had ever “said or implied” that the commission had made some decision.

He quoted Dr Scerri Herrera as saying: “I submitted all my assets… and from them (from the documents submitted by her) it emerges that this was not the case… ”

The commission’s statement came only a day after Assistant Police Commissioner Michael Cassar denied another part of Dr Scerri Herrera’s testimony. She named him as part of a group of policemen who Ms Caruana Galizia described as “sleazy” and who, she claimed, had bought the magistrate drinks at a popular Valletta restaurant some years ago while the two women were at a ladies lunch.

“It wasn’t me. I don’t even know where this restaurant is. I never bought a drink for a magistrate or any other citizen. My life is spent at work, at home and at the beach in Marsascala,” Mr Cassar insisted on Tuesday.

Statement issued last night by the magistrate’s lawyer

Nikteb ghan-nom tal-Magistrat Consuelo Scerri Herrera.

B’referenza ghal dak li intqal fil-media fejn allegatament gie rapportat li l-Magistrat Herrera fix-xhieda taghha li tat nhar it-tnejn 8 ta’ Marzu 2010, quddiem il-Qorti fil-proceduri li ghaddejjin fl-ismijiet “il-Pulizija vs Daphne Caurana Galizia” qalet li l-proceduri quddiem il-Kummissjoni kienu gew decizi dan ma hu minnu xejn u l-uniku referenza li saret minnha fil-konfront tal-Kummissjoni kien is-segwenti:

“L-uniku rapport li kien hemm quddiem il-Kummissjoni ghall-Amministrazzjoni tal-Gustizzja kien rapport maghmul minn persuna individwali fejn allegat li jiena kelli xi propjeta flimkien ma avukat. Naturalment jiena quddiem il-kummissjoni, avolja huma sigrieti, esebejt l-assi kollha tieghi, l-assets and liabilities mir-Registru Pubbliku u minnhom stess (mid-dokumenti esebiti minnha) jirrizulta li dan ma kien veru xejn, dan hu ir-rapport li kien sar fil-konfront tieghi.”

Fl-ebda hin ma qalet jew implikat xi kliem fis-sens li l-proceduri quddiem il-Kummisjoni kienu gew decizi. Huwa car mix-xhieda taghha illi r referenza kienet ghad-dokumenti esebiti minnha.

Av Stephen Tonna Lowell

Press release issued by the Department of Information last night

No 0423

STQARRIJA TAL-KUMMISSJONI GHALL-AMMINISTRAZZJONI TAL-GUSTIZZJA

B’riferenza ghal rapporti li dehru fil-mezzi tax-xandir u fil-media elettronici, il-Kummissjoni ticcara li sa llum hija ma hadet ebda decizjoni f’xi procedura quddiemha li tinvolvi lill-Magistrat Dr Consuelo Scerri Herrera.

_

STATEMENT BY THE COMMISSION FOR THE ADMINISTRATION OF JUSTICE

With reference to reports which have appeared in the press and electronic media, the Commission clarifies that to date it has taken no decision in any proceedings before it involving Magistrate Dr Consuelo Scerri Herrera.

DOI – 10.03.10




34 Comments Comment

  1. Mandy Mallia says:

    It looks like there’s a surprise around every corner. X’intricci!

  2. joe says:

    il habs ser tispicca jumen ohra fadallek

  3. Whoa, there! says:

    Who is Christian Peregin, Daphne, eh?

    [Daphne – He works in the newsroom at Allied Newspapers.]

  4. The Bus Conductor says:

    The magistrate’s party guest

    http://en.wikipedia.org/wiki/Charlon_Gouder

  5. The Bus Conductor says:

    One of my favourites:

    “Consuelo writes to the Siggiewi Local Council, where her ‘poggut’ is the mayor, and informs them of ‘her’ plans.”

    http://daphnecaruanagalizia.com/2010/01/30/consuelo-the-mayor-and-the-mobile-lavatories/

    • Mandy Mallia says:

      Ah, but in court she said she decided on the party location in April “met’ahna morna l-mixja tal-Gimgha l-kbira fuq is-Salib ta’ l-Gholja”.

      Tghid l-“ahna” jigifieri hi u l-poggut? X’religjon tal-lastku ghandna fejn irridu!

  6. rowena smith says:

    And now, one of the magistrate’s party guests, Sandro Chetcuti, has just assaulted Vince Farrugia.

  7. Ray Attard says:

    Magistrate Herrera’s position has now become untenable. She should resign before more damaging information comes out.

    She has increasingly become an embarrassment to her family, the Labour Party, the judiciary and the country. After the Chief Justice and Judge Vella’s debacle we hardly needed Magistrate Herrera’s behaviour to erode further our tattered faith in the judicial system.

    I am also certain that her business partners and other up-till-now friends are sick with worry, constantly expecting that they will end up exposed.

    • U hallina says:

      X’friends huma? Dik ghanda nies li juzawha, u li jintuzaw minna huma stess.

      U x’inhi di li ‘her business partners are sick with worry’? Mela ghall-magistrati saret haga normali li jkollhom ‘business partners’?

      Sa fejn naf jien, mhux suppost ikollhom ‘business’, ahseb u ara ‘business partner’.

      Vera pajjiz tal-purcinelli.

      U hawn min jahseb illi tal-Lejber se jsalvawna. L-iktar jekk jitla dak ta’ Chetcuti.

  8. Unbelievable says:

    Seems like one of the “dance-move throwers” at Consie’s parties has just assaulted Vince Farrugia…

  9. Devil's advocate says:

    The DOI’s English translation is not precise. The Maltese uses ‘procedura’ (singular), whilst the English text uses ‘proceedings’ (plural). I’m not sure, but I believe in The Government Gazette/law, the Maltese interpretation prevails.

    That aside, if she was referring to the property ownership, and your info is regarding her ruling given, than the English version is certainly the correct one.

  10. jomar says:

    Domine, libera nos a malo!

    • The Bus Conductor says:

      He also throws punches and kicks, whilst Magistrat Consuelo Scerri Herrera throws birthday parties to entertain Sandro Chetcuti

  11. The Bus Conductor says:

    Da mhux dak Sandro Chetcuti li kien wiehed mill-guests tal-Magistrat fil-berdej party taghha

    http://www.timesofmalta.com/articles/view/20100311/local/vince-farrugia-injured-in-assault

  12. L-Ingliz says:

    http://www.timesofmalta.com/articles/view/20100311/local/vince-farrugia-injured-in-assault

    I wonder which magistrate will be (ahem) given this case……..and who will defend the assailant?

  13. free falling says:

    Magistrate Herrera definitely does not need a lie detector test. I cannot see how she made it to a magistrate as her IQ must be very low indeed.

    • La Redoute says:

      She was appointed by the Labour government. They have very low standards indeed. And I’m not talking about her professional qualifications.

  14. Deo Catania says:

    Hlief paroli fil-vojt ma ktibtx, bhas-soltu nsomma.

  15. pat says:

    Nahseb hawn qabda irgiel IMWERWRIN, to say the least! Smajt li lanqas jorqdu m’ huma qeghdin. Kemm se jhallsu qares ta’ kwarta kollox, eh?

    • Lumi says:

      Il-qarsa ga haduha u mid-dehra lanqas tiehdilhom il-flus tax-xoghol.

      Hawn min jitlef rasu ghal daqshekk. Xi nghidu ghal dawk li jirrifjutawha u mbaghad tpattihielhom?

  16. Ray Attard says:

    @ U hallina
    I know that a member of the judiciary is not supposed to have business partnets, but this ‘Magistrate of Law’ has broken an endless number of principles/rules.

    First and foremost she has lied under oath. Anyone appearing before a court of law is required to tell only the truth, otherwise our whole legal system totters and falls.

    Magistrate Herrera cunningly used her position to establish contacts that she would use in her favour knowing well that hers was a political appointment and consequently would not be impeached.

  17. Alan says:

    Can anyone illuminate us as to how many ‘rapporti’ about Consuelo Scerri Herrera the Commission is investigating ? Is it more than one ? The Commission’s statement saying “any proceedings” is vague and open to negative speculation to say the least.

    • La Redoute says:

      Presumably Magistrate Herrera could oblige. Equally presumably, she won’t. It’s against the judiciary’s code of ethics to communicate with the media at all times for any reason. She makes exceptions, however, when it is in her own interest.

  18. Brian says:

    X’ tahwid.

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