The list of witnesses – use your own judgement
I testified in the ‘Consuelo’ case on 6 September. If it were true that she lost interest in pursuing her complaint because of my testimony, then she would not have waited almost three months to make her decision known.
The fact is that the next sitting after my testimony on 6 September was scheduled for 25 October. Around 10 days before that, my lawyer submitted my list of witnesses to the police, so that they could be summoned for that sitting.
Three days after my list went to the police, Magistrate Herrera – who had been so keen to rush the case and have it all wrapped up before Christmas – asked for a postponement of the sitting, giving illness as the reason.
The sitting was postponed to 25 November (today). But three days ahead, as you all now know, she had her lawyer inform the court that she was no longer interested in pursuing her complaint and would like the police to drop the charges.
She gave a bunch of face-saving lies as her reasons, but the real reason is this, my FIRST list of witnesses (there were to be more). It has to be borne in mind that, in a criminal trial, witnesses are compelled to take the stand and cannot refuse or make various excuses. Once on the stand, they have to answer questions from the lawyers for the prosecution and the defence. If they refuse to answer, they spend some time in the cooler until their minds are focussed.
Here is the list that compelled Magistrate Herrera to first ask for the sitting to be postponed and then request that the case be stopped before these witnesses take the stand.
Assistant police commissioner Michael Cassar
Opposition leader Joseph Muscat
former Chief Justice Vincent Degaetano
Nationalist MP Jeffrey Pullicino Orlando
The Registrar of Courts
Labour MP Jose Herrera
Veronique Dalli
Miriam Dalli
Ronnie Pellegrini
Robert Musumeci (he cannot refuse to testify because he is not her husband)
Jason Micallef
Charlon Gouder
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“Once on the stand, they have to answer questions from the lawyers for the prosecution and the defence. If they refuse to answer, they spend some time in the cooler until their minds are focussed.”
In the case of Robert Musumeci, do you think that getting him to put his head in his brother’s picnic cooler without leaving the Hall would have been enough to get him ot focus his mind?
What are the chances that these same witnesses are called to give their testimony in some future investigation?
Does the Commission for the Administration of Justice have the legal tools to call witnesses when investigating?
Is there an investigation ongoing?
Ronnie Pellegrini, Jason Micallef and Charlon Gouder?
In their case there was a vague possibility they would have turned up dressed as the Bee Gees……..
Do you mean THIS Charlon Gouder and Miriam Dalli?
http://www.youtube.com/watch?v=EsK_1yuFRsI
I’m sorry, but I believe that the truth had to come out and she refusing to continue only makes it more of a mess. We need to know ….
Consuelo chickened out. She has fooled no one.
Daphne, why you keep sticking your neck out?
If any magistrate is not legally qualified because of clear incompete behaviour worth the responsibility one carry it should be the authority of the day liable to be called to be accountable and have this magistrate answerable and take action.
Wake up, this is the pathic situation we are in some quarters, were those in power think it is theirs by right because their father had it before them and they are above every one else.
Hemm hi is-serjeta’!
Ghax ma komplietx Consuelo Herrera biex ticcara din l-affari darba ghal-dejjem?
Xi hadd jista’ jwiegeb please?
Consuelogate is a story worth being made into a movie worthy of an Oscar for best screenplay.
Lets see: it has sex, adultery, a case of criminal intent by a member of the judiciary, a magistrate manipulating the police, and the law. The Commission for the Administration of Justice and Attorney General looking the other way as they are petrified of the Labour Party and a fearsome journalist whose goal is to elevate democracy in Malta.
Using her position, and the Labour party machinery, Magistrate Consuelo threw everything at you even the kitchen sink and yet with your pen you meticulously disarmed her. When she found herself humiliated she called a truce.
It seems to me that she didn’t want to find justice but rather devised a flawed scheme to put you in jail. Fortunately for Malta it backfired.
The decent people who support the Labour party should demand her ouster. The magistrate has done a lot of damage to the MLP and the Judicary. Daphne, the country would be stronger with more journalists like you. Speaking of journalists, why they are choosing to stay silent? It is a given that they are constantly checking in your blog for updates.
Issa ma tarax!! – Herrera kien imissa ilu li ghalqet halqa – mill-ewwel gurnata li bdiet tghix hajja li ma tixraqx