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	Comments on: Here&#039;s the court decree ordering the arraignment of Chris Said for perjury	</title>
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	<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
	<lastBuildDate>Sat, 25 Sep 2010 13:58:37 +0000</lastBuildDate>
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		<title>
		By: maryanne		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61533</link>

		<dc:creator><![CDATA[maryanne]]></dc:creator>
		<pubDate>Sat, 25 Sep 2010 13:58:37 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61533</guid>

					<description><![CDATA[&quot;The custody battle is still at appeals stage. If Chris Said admits the mistake, my client would not be interested in the outcome of this perjury case. As I told you before, this is not a personal vendetta against Dr Said but just part of my client’s efforts to win custody of his son,” he said.&quot; The Times, today.

Isn&#039; this  a form of blackmail? Why is it allowed in court procedures?]]></description>
			<content:encoded><![CDATA[<p>&#8220;The custody battle is still at appeals stage. If Chris Said admits the mistake, my client would not be interested in the outcome of this perjury case. As I told you before, this is not a personal vendetta against Dr Said but just part of my client’s efforts to win custody of his son,” he said.&#8221; The Times, today.</p>
<p>Isn&#8217; this  a form of blackmail? Why is it allowed in court procedures?</p>
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		<title>
		By: Min Weber		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61532</link>

		<dc:creator><![CDATA[Min Weber]]></dc:creator>
		<pubDate>Sat, 25 Sep 2010 03:17:13 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61532</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61519&quot;&gt;chavsRus&lt;/a&gt;.

Because, dear chavsRus, the lawyer is not mentioned in the decree given by the Court! It is the client who is mentioned!

This is basic knowledge.

It is also why Daphne replied, &quot;Why would it?&quot; Meaning: why should the lawyer&#039;s name appear?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61519">chavsRus</a>.</p>
<p>Because, dear chavsRus, the lawyer is not mentioned in the decree given by the Court! It is the client who is mentioned!</p>
<p>This is basic knowledge.</p>
<p>It is also why Daphne replied, &#8220;Why would it?&#8221; Meaning: why should the lawyer&#8217;s name appear?</p>
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		<title>
		By: Louis Camilleri		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61531</link>

		<dc:creator><![CDATA[Louis Camilleri]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 17:55:52 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61531</guid>

					<description><![CDATA[http://www.akkuza.com/2010/09/24/the-leap-of-faith/
well said.

&lt;strong&gt;[Daphne - Yes, well done, Jacques. I would have written exactly the same thing myself had I not been out all day today, at a party where Joseph Muscat&#039;s medical condition manifested itself once more: he sent Toni Abela in his stead, when the prime minister took time out after yesterday&#039;s stressful events and was not only there, but there on time.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.akkuza.com/2010/09/24/the-leap-of-faith/" rel="nofollow ugc">http://www.akkuza.com/2010/09/24/the-leap-of-faith/</a><br />
well said.</p>
<p><strong>[Daphne &#8211; Yes, well done, Jacques. I would have written exactly the same thing myself had I not been out all day today, at a party where Joseph Muscat&#8217;s medical condition manifested itself once more: he sent Toni Abela in his stead, when the prime minister took time out after yesterday&#8217;s stressful events and was not only there, but there on time.]</strong></p>
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		<title>
		By: gianni		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61530</link>

		<dc:creator><![CDATA[gianni]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 12:28:54 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61530</guid>

					<description><![CDATA[Daphne, do you know the judge in question? I cannot understand why previously the court denied the police to investigate and now all of a sudden it granted access to do so.]]></description>
			<content:encoded><![CDATA[<p>Daphne, do you know the judge in question? I cannot understand why previously the court denied the police to investigate and now all of a sudden it granted access to do so.</p>
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		<title>
		By: S Azzopardi		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61529</link>

		<dc:creator><![CDATA[S Azzopardi]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 10:42:59 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61529</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61519&quot;&gt;chavsRus&lt;/a&gt;.

Huh.... because she isn&#039;t involved at all...

http://www.timesofmalta.com/articles/view/20100924/local/justyne-caruana-says-she-was-not-involved-in-procedures-which-led-to-chris-saids-resignation

&lt;strong&gt;[Daphne - Guess it took her the best part of a day and night to work out how to frame that. Half truths are worse than lies. Shame we can&#039;t get her for perjury because she didn&#039;t take an oath before sending out that statement to the press.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61519">chavsRus</a>.</p>
<p>Huh&#8230;. because she isn&#8217;t involved at all&#8230;</p>
<p><a href="http://www.timesofmalta.com/articles/view/20100924/local/justyne-caruana-says-she-was-not-involved-in-procedures-which-led-to-chris-saids-resignation" rel="nofollow ugc">http://www.timesofmalta.com/articles/view/20100924/local/justyne-caruana-says-she-was-not-involved-in-procedures-which-led-to-chris-saids-resignation</a></p>
<p><strong>[Daphne &#8211; Guess it took her the best part of a day and night to work out how to frame that. Half truths are worse than lies. Shame we can&#8217;t get her for perjury because she didn&#8217;t take an oath before sending out that statement to the press.]</strong></p>
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		<title>
		By: chavsRus		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61528</link>

		<dc:creator><![CDATA[chavsRus]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 10:12:16 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61528</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61522&quot;&gt;maryanne&lt;/a&gt;.

Maybe he did.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61522">maryanne</a>.</p>
<p>Maybe he did.</p>
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		<title>
		By: Iro		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61527</link>

		<dc:creator><![CDATA[Iro]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 09:33:57 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61527</guid>

					<description><![CDATA[I am no legal beagle and I too wish to express my solidarity to Dr Said, who I have never met, for being unfortunate enough to trip in a bureaucratic pothole.

However, after reading Justice Mallia&#039;s decision, I understand it that he had no choice other than to decide as he did because of a procedural error made by the Gozo magistrate.

Apparently, once the magistrate decided that there was a &#039;prima facie&#039; case, his duty was to pass this on to the Commissioner of Police and not decide on its merit himself.

If the Gozo magistrate was right or not in deciding that there was a &#039;prima facie&#039; case of perjury, when it seems so clear that it’s a mistake caused by a faulty memory, is the question.

I am all for transparency and the law being equal for everyone but so often, as the saying goes, &#039;the law is an ass&#039; and innocent people get hurt even when justice is (hopefully) done in the end.]]></description>
			<content:encoded><![CDATA[<p>I am no legal beagle and I too wish to express my solidarity to Dr Said, who I have never met, for being unfortunate enough to trip in a bureaucratic pothole.</p>
<p>However, after reading Justice Mallia&#8217;s decision, I understand it that he had no choice other than to decide as he did because of a procedural error made by the Gozo magistrate.</p>
<p>Apparently, once the magistrate decided that there was a &#8216;prima facie&#8217; case, his duty was to pass this on to the Commissioner of Police and not decide on its merit himself.</p>
<p>If the Gozo magistrate was right or not in deciding that there was a &#8216;prima facie&#8217; case of perjury, when it seems so clear that it’s a mistake caused by a faulty memory, is the question.</p>
<p>I am all for transparency and the law being equal for everyone but so often, as the saying goes, &#8216;the law is an ass&#8217; and innocent people get hurt even when justice is (hopefully) done in the end.</p>
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		<title>
		By: chavsRus		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61526</link>

		<dc:creator><![CDATA[chavsRus]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 09:31:22 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61526</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61520&quot;&gt;Min Weber&lt;/a&gt;.

Silly - Justyne Caruana has not done anything except carry our her client&#039;s instructions.

Another damp squib.

&lt;strong&gt;[Daphne - I couldn&#039;t have made a better observation about her myself. Well done.]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61520">Min Weber</a>.</p>
<p>Silly &#8211; Justyne Caruana has not done anything except carry our her client&#8217;s instructions.</p>
<p>Another damp squib.</p>
<p><strong>[Daphne &#8211; I couldn&#8217;t have made a better observation about her myself. Well done.]</strong></p>
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		<title>
		By: Pablo		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61525</link>

		<dc:creator><![CDATA[Pablo]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 08:54:03 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61525</guid>

					<description><![CDATA[The appeal judge applied the law correctly. The court before which the challenge is made against the police commissioner not against alleged criminal.

It is a check and balance mechanism over police powers and the issue is whether, on a first look (prima facie) there are indications that a prosecution should take place.

The judge correctly said that the court of challenge is not and cannot decide the guilt or not of the person still to be accused.]]></description>
			<content:encoded><![CDATA[<p>The appeal judge applied the law correctly. The court before which the challenge is made against the police commissioner not against alleged criminal.</p>
<p>It is a check and balance mechanism over police powers and the issue is whether, on a first look (prima facie) there are indications that a prosecution should take place.</p>
<p>The judge correctly said that the court of challenge is not and cannot decide the guilt or not of the person still to be accused.</p>
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		<title>
		By: anthony		</title>
		<link>https://daphnecaruanagalizia.com/2010/09/heres-the-court-decree-ordering-the-arraignment-of-chris-said-for-perjury/#comment-61524</link>

		<dc:creator><![CDATA[anthony]]></dc:creator>
		<pubDate>Fri, 24 Sep 2010 07:39:49 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=8031#comment-61524</guid>

					<description><![CDATA[This is the latest episode of the Maltese Courts&#039;  soap opera.

The case should be heard this weekend.

When the very fabric of the state is threatened, the national interest demands that matters are sorted out very fast.

The reasons are compelling. It is the duty of the head of the executive to ascertain that this principle is upheld.]]></description>
			<content:encoded><![CDATA[<p>This is the latest episode of the Maltese Courts&#8217;  soap opera.</p>
<p>The case should be heard this weekend.</p>
<p>When the very fabric of the state is threatened, the national interest demands that matters are sorted out very fast.</p>
<p>The reasons are compelling. It is the duty of the head of the executive to ascertain that this principle is upheld.</p>
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