Michael Cassar: The magistrate called me and I put the phone down
Oh my god, I thought I was dancing with the prime minister.
The Malta Independent, today
Court: Officer denies buying drinks for magistrate
by Elaine Attard
Assistant Commissioner Michael Cassar confirmed columnist Daphne Caruana Galizia’s claim that it wasn’t him who sent drinks to Magistrate Consuelo Scerri Herrera while having lunch at Da Pippo restaurant in Valletta, which lunch was referred to in Mrs Caruana Galizia’s blog.
Magistrate Consuelo Scerri Herrera claimed the officer sent drinks to her table when she was having lunch in the Valletta restaurant with The Malta Independent columnist Daphne Caruana Galizia and others, when testifying in court on Monday.
Mrs Caruana Galizia is being accused of publishing material on her blog that the magistrate found insulting, offensive and defamatory.
When contacted by this newspaper over the phone yesterday morning, the highly respected Assistant Commissioner said that he had put the phone down on the said magistrate as she had called him personally and told him that she mistook him for someone else.
“I was horrified to hear what had happened. I do not visit bars or restaurants and my only recreation is swimming, otherwise I am either at home or at work,” said the assistant commissioner.
The officer refrained from adding further details about the incident but he explained that he would make sure that his name is cleared. Meanwhile, sources confirmed that the assistant commissioner wrote a letter to the Chief Justice to explain the situation and refute what was said about him by the magistrate in court. In a blog entry after Monday’s hearing, Mrs Caruana Galizia said the magistrate had perjured herself in telling the court that Mr Cassar had bought drinks for the magistrate.
In another blog entry, Mrs Caruana Galizia said that the person in question was not Mr Cassar, but disgraced former police officer Patrick Spiteri who had been thrown off the force after being found guilty of accepting protection money.
A person can be investigated for perjury, meaning that they lied under oath in court, but this cannot happen before the court proceedings on the case are over. Only after the case is concluded can the court decide whether a witness might have lied under oath or not. If the court does believe a witness lied in court, the court may actually order the police to investigate the case immediately.
However, it must be pointed out that in the case of members of the judiciary, it is only a two-thirds majority vote in parliament which can see them impeached. This is enshrined in the Maltese Constitution. No government entity, ministry, authority and no legal institution may intervene as this would be in breach of the loftiest of laws of the land.
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Two thirds majority? No wonder she thinks she is above the law.
[Daphne – And don’t forget she has four friends on the other side of the house, too: Jeffrey Pullicino Orlando, Jesmond Mugliett, Robert Arrigo and Stephen Spiteri.]
Come on, you can’t seriously think that after everything she’s done anyone will vote against her impeachment? People like her are ruining the country. Not even the Labour Party should sink low enough to allow her to remain a magistrate.
[Daphne – What are you saying? The Labour Party has even fewer principles than Consuelo Herrera does. That’s why it’s her political home.]
I’m saying that they should vote her off no questions asked regardless of which side of parliament they happen to be sitting on. Alas I am living in Malta so I know that this will never happen due to party loyalties and the Labour Party’s motto, “The enemy of my enemy is my friend”
It’s not because of the side she’s on that they won’t vote her out.
It’s because their standards are even lower than hers, which probably explains why they appointed her magistrate in the first place.
hmmm someone must be trying really hard to pull her foot out of her mouth, and this during her own testimony, with the defence not even having started yet.
I fear that the gremlins may have gotten at this news story! It is likey that what they meant to write was:
“When contacted by this newspaper over the phone yesterday morning, the highly respected Assistant Commissioner said that he had [just] put the phone down on the said magistrate as she had called him personally and told him that she mistook him for someone else.”
That “just” placed in between “had” and “put” would make all the difference in the meaning! I cannot imagine that AC Cassar would be the phone down on a Magistrate.
Wait for the retraction/correction!
[Daphne – No. Assistant Commissioner Cassar knows that it is incorrect procedure for her to ring him directly rather than going through the Chief Justice, which is what he did. Her ‘mistake’ rendered him automatically a witness for the defence.]
Bill-Malti nghidu “qatala f’wicca”.
It seems that the Magistrate does not know anything of ethics and procedures…does she know the laws?
Has there ever been an occasion when the magistrate observed correct procedure where the police are concerned?
Kif ma’ tishix turi wicca fil-pubbliku.
Sorry Daphne, the code of criminal procedure has been collecting dust on my shelf for a couple of years…why did her ‘mistake’ render him automatically a witness for the defence?
[Daphne – Because he has to be summoned to court to testify under oath that it wasn’t him. It’s not enough for me to say it, or for him to write to the Chief Justice. He has to tell the magistrate himself, during the proceedings.]
Gotta love the captions!
Some sound advice to the Magistrate:
“……..Depart, I say, and let us have done with you. In the name of God, go…..”
Oliver Cromwell’s words on dissolving the Long Parliament
WELL DONE MRS DCG. IF YOU WERE A BOXER VS CSH ….. YOU ARE ALREADY 7 ROUNDS TO NIL UP. GO GO DAPHNE.
It seems Magistrate Scerri Herrera isn’t aware of the implications of her actions.
Calling a potential witness can be construed as an attempt to influence a witness and, consequently, the course of justice.
And this was done by a member of the judiciary. What else is she planning to do to put her competence and credibility further into doubt?
What would her reaction have been if all this was done by a common citizen? Would the person be jailed?
Kemm ikollha nies importanti u bravi fil-parties.
Il-Farell
Imissa ggib ritratt qed tizzegleg mal-Assisstent Kummisarju Michael Cassar. Hallina, Consuelo. Misshekk tisthi.
Ma tantx tinzilli li kien kaz ta ‘Mistaken Identity” minhabba l-fatt li bhala Magistrat iz-zewg ufficjali dehru kemm il-darba quddiemha fl-awla bhala prosekuturi.
daphne national hero! we love you…you are the hope for the maltese society…we need to cleanse it all up!!!!!!!!
we are all for you madame of honour!
in you we trsut
hoping that in the future generation more DAPHNES will be born and save!!!!!!
idol
Mavies, I would normally have said you’re a bit over the top with your compliments but not this time. On behalf of all the level -headed people on this site, cheers Mavies.
Consuelo seems to have lost the plot completely. Has she always been a few olives short of a pizza?
Possibly. She’s certainly not a few coppers short of a superintendent.