There are ways round everything, aren't there
Jose A. Herrera declared last Tuesday that he no longer defends clients in his sister’s court. What he omitted to say is that instead of going along with his office colleague Dr Veronique Dalli, he dispatches her alone to Magistrate Scerri Herrera’s court.
But Magistrate Scerri Herrera knows exactly who Veronique Dalli is and with whom she works. That’s why she invites her to her parties and has established a bond of friendship with her.
That’s why Veronique Dalli, every time we have had a court sitting in connection with my defamation suit, turns up to follow proceedings and lend support to Magistrate Scerri Herrera, along with that woman Doreen Sciberras,who sells jeans at the Embassy and lives in a social housing flat f’qieh il-Belt, who appears to be attached to the magistrate’s hip.
But that’s by the by.
It’s interesting to read this report, published only today in The Times, which suggests that Jose A. Herrera’s clients are appearing before his sister even if he is not.
The Times, Thursday, September 8, 2011
by Waylon Johnston
Lawyer queries mere €500 fine given to man with ‘colourful criminal record’
A defence lawyer yesterday questioned how a person with a colourful criminal record was only fined €500 when he admitted to drug possession and relapsing.
The lawyer, Franco Debono, made his comments after Magistrate Marseann Farrugia declared that Duncan Buttigieg, a witness, would be heard behind closed doors for his own protection when testifying against Dr Debono’s client Conrad Axisa.
Mr Axisa stands charged with drug trafficking and usury.
Dr Debono contested the decision, arguing that he could not understand why the witness would be heard behind closed doors when he would not be mentioning third parties. He also could not understand why the witness, who he said had a colourful criminal record and pending cases, could have admitted to drug possession and relapsing and get off with a €500 fine when his client, who had a clean police record, spent a month in preventive custody.
Mr Buttigieg was fined last week by Magistrate Consuelo Scerri Herrera.
Magistrate Farrugia postponed the sitting to consider the matter and then returned to declare that the witness would be heard in open court.
Mr Buttigieg testified that he had a serious drug problem, was spending between €3,000 and €5,000 a month to sustain his habit and had racked up a debt of €100,000 with a number of people. He owed a small sum to the accused. He said Mr Axisa threatened to shoot him in the knees every time he went to buy drugs from him.
They then managed to come to a deal whereby the witness would pay Mr Axisa €650 in €50 instalments, however, once he paid the amount, Mr Axisa said he was owed a further €650, which had to be paid at one go.
Mr Buttigieg said he was also told by Mr Axisa to start trafficking drugs for him and it was at that point that he went to the police.
The case continues.
Lawyers Josè Herrera and David Camilleri appeared for Mr Buttigieg.
Lawyer Marion Camilleri assisted Dr Debono.
Police Inspector Jesmond J. Borg prosecuted
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In other words, it is not true that Jose Herrera no longer defends cases where his sister is the presiding magistrate.
[Daphne – In the case reported above, he filed a note verbale saying that he was not the lawyer present when Magistrate Herrera fined Buttigieg. However, there is so much room for manouevre in situations like this, that we have no way of knowing whether the whole thing is little more than a travesty. If a magistrate knows that the man in the dock before her/him is her/his brother’s client even if the brother is not there, the same ethical considerations prevail.]
But Daphne, with all due respect. The problem here, with Dr Herrera, is not just that he represents clients in his sister’s courtroom, but that he has private conversations with many other magistrates and judges about their salaries and then represents clients in their courtrooms too.
[Daphne – Yes, I wrote about that a couple of weeks back for The Malta Independent.]
The problem is not that limited to brother-sister judicial dealings, but it encompasses Dr Jose Herrera’s entire gamut of dealings with the judiciary.
The brother-sister-client menage à trois is just the tip of the iceberg.
Beneath the surface there lie all the other problems of someone who lacks a grasp of proper behaviour.
How can such a man be entrusted with running the justice ministry? Will he start proposing presidential pardons left, right and centre? Will he start proposing the promotion of amenable magistrates?
These are the points to ponder.
I have a dream…………..Daphne PN candidate. if elected Justice Minister. And all the problems solved. Ex PN
I had a dream too. That you were truly ex-PN.
I have a dream………..Ray Spiteri goes away. And all pathetic meaningless comments go away too.
I’m not ex-anything, however. I don’t consider myself as being “PN” or “PL” – that’s for idiots like you.
I take offence if anyone labels me, something you however revel in, and actually DIY. Understandably, of course.
I will only vote for the party which I feel offers the chance of best governance. Right now, I see nothing that indicates that Labour offers anything better than the incumbents – by a long chalk. And unfortunately.
If I do, I will support Labour. Or any other alternative.
I was very hopeful after the last elections, but the Labour morons chose an incompetent as a leader.
At the moment, you and your idiocy, reflected by the patheticism of your comments, are totally representative of Labour, IMHO a crap party, hence supported by people who can only reason crappily, chose the wrong leaders and ideas.
A vicious circle of self-propagating garbage, just like you.
Now go away, or don’t, keep on digging.
Why don’t you get lost, ray?
Keep on dreaming, btw.
@ Antoine Vella
The double negative renders a meaning to your comment that is presumably the exact opposite of your intent.
Thinking and writing requires two skills that you clearly cannot perform simultaneously.
The double negative (it is not true that Herrera is no longer defending… etc) means that Jose Herrera is, in fact, still representing clients when his sister is the presiding magistrate.
That is what I wanted to say and what I said. Your presumption is therefore wrong.
You forgot to tell him that thinking and writing requires two skills that he clearly cannot perform simultaneously.
Actually, I think it shouldn’t be Jose Herrera who says he will not defend clients when his sister is the presiding magistrate. It should his sister who says that she will not preside over cases where her brother is involved.
[Daphne – You’re absolutely correct. It is up to the magistrate to abstain, not the lawyer.]
I’m not sure but I think that normally, when a lawyer first accepts a client’s brief, he would not yet know who the presiding magistrate is. It will therefore be impossible for Jose Herrera to avoid being involved.
Kemm qeghdin sew hawn Malta!
I’m not sure what I find more shocking: the fact that such a judgement was handed down (considering the lawyer and magistrate contcerned), or the fact that none of the local newspapers picked up on the circumstances of the court case itself, other than to report about it as The Times did, above.
The accused appearing unassisted by his lawyer before Magistrate Consuelo Scerri Herrera on the 30th August 2011, grabbed an unbelievable fine of just EUR500 according to the report, in The Times. In an adjacent courtroom the same person appeared – this time as a simple witness – assisted by Dr Jose Herrera.
Bzar fl-ghajnejn.
What a pity our Law Courts have been reduced to such miserable levels – upright citizens do not need Commissions. In the past our courts were the envy of many nations…. now – a real pity.
Doreen Sciberras the number one Consuelo fan (fans tipo bhal dawk tal-Back Street Boyz jwerzqu u jghajjtu u they faint down): I see her every day. She worked at Benetton at the Embassy but the last few months they closed that to open Carrera.
Ghamili pjacir dephne u lili isseminiex u wisq anqas iddahlni f certa polemika.Jien lilek ma nafekx pero int lili ma tafniex!! Isma minnhi lili halini kwiet.Jien ftaht il-kaz ta droga mhux ghax il-Pulizija qabdietni b xi droga izda ghax is-sistema legali Maltija ta nejk bir rispett kollu.Ma nergax nghidlek lili halini.
Grazzi