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	Comments on: Why a top criminal lawyer shouldn&#8217;t be minister of justice	</title>
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	<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/</link>
	<description>Daphne Caruana Galizia is a journalist working in Malta.</description>
	<lastBuildDate>Sun, 15 Jan 2012 21:30:14 +0000</lastBuildDate>
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		<title>
		By: juliana		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-160194</link>

		<dc:creator><![CDATA[juliana]]></dc:creator>
		<pubDate>Sun, 15 Jan 2012 21:30:14 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-160194</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159188&quot;&gt;top pupil&lt;/a&gt;.

kemm tiflah tkun dardira]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159188">top pupil</a>.</p>
<p>kemm tiflah tkun dardira</p>
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		<title>
		By: John Schembri		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159799</link>

		<dc:creator><![CDATA[John Schembri]]></dc:creator>
		<pubDate>Sun, 15 Jan 2012 09:17:05 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159799</guid>

					<description><![CDATA[I recall when the Libyan Ambassador’s son was killed in Paceville, the young man who killed the Libyan teenager was defended by Dr De Marco’s daughter.

The Ambassador protested vociferously about the then Minister of Justice and his private law firm run by his daughter.

The ambassador was asked to return to Libya in no time.]]></description>
			<content:encoded><![CDATA[<p>I recall when the Libyan Ambassador’s son was killed in Paceville, the young man who killed the Libyan teenager was defended by Dr De Marco’s daughter.</p>
<p>The Ambassador protested vociferously about the then Minister of Justice and his private law firm run by his daughter.</p>
<p>The ambassador was asked to return to Libya in no time.</p>
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		<title>
		By: silvio		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159765</link>

		<dc:creator><![CDATA[silvio]]></dc:creator>
		<pubDate>Sun, 15 Jan 2012 08:15:26 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159765</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159253&quot;&gt;silvio&lt;/a&gt;.

Yes, you are right. Now I see what you meant.

I tend to agree.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159253">silvio</a>.</p>
<p>Yes, you are right. Now I see what you meant.</p>
<p>I tend to agree.</p>
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		<title>
		By: Sandro Pace		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159504</link>

		<dc:creator><![CDATA[Sandro Pace]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 22:39:39 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159504</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159322&quot;&gt;Andreas Moser&lt;/a&gt;.

Not all lawyers would be unsuitable for the justice ministry. There are other types of lawyers. Those in the civic courts, in commercial law, family, in private firms, and other lawyers holding administrative posts.  

A defence lawyer being appointed a justice minister is a particular conflict of interest which cannot be compared with the examples you&#039;ve brought. It&#039;s a very much moral issue, and an issue of trust.

And there are also &#039;prosecuting&#039; lawyers, which are more then eligible. Read about Thomas Dewey, who almost brought the New York Mafia to its knees. He almost won the 1948 Presidential elections.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159322">Andreas Moser</a>.</p>
<p>Not all lawyers would be unsuitable for the justice ministry. There are other types of lawyers. Those in the civic courts, in commercial law, family, in private firms, and other lawyers holding administrative posts.  </p>
<p>A defence lawyer being appointed a justice minister is a particular conflict of interest which cannot be compared with the examples you&#8217;ve brought. It&#8217;s a very much moral issue, and an issue of trust.</p>
<p>And there are also &#8216;prosecuting&#8217; lawyers, which are more then eligible. Read about Thomas Dewey, who almost brought the New York Mafia to its knees. He almost won the 1948 Presidential elections.</p>
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		<title>
		By: Sandro Pace		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159489</link>

		<dc:creator><![CDATA[Sandro Pace]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 22:21:18 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159489</guid>

					<description><![CDATA[FINALLY. I&#039;ve been trying to make this point  a lot, but no one seems to see the conflict. 

Both sides seems to be blinded by partisan hysteria (PL), or licking appeasement and fear of antagonising (PN).

YES, there is a great contradiction, and a great conflict of interest, if a top defence lawyer is appointed a Minister of Justice. Especially when one owns a private business in the field. A double conflict of interest. 

Though it is a legitimate job and a right to the accused, the mindset would not be right. A prime minister should only appoint such a hybrid only if he had no choice, and probably not even then. 

I know we have had such contradictory hybrids in the past, on both sides, but people tell you they were not nice days for justice in Malta, irrespective of how great as political giants they were. 

YES, it is a contradiction in &#039;subtle&#039; democracy, for the honest citizen, as much as the fuss  created by Franco Debono for the cases when the inquiring magistrate and the prosecuting magistrate are one and the same. 

Why the fuss? Because he is just looking from the angle of the accused. 

There is a very high chance that a &#039;combined&#039; magistrate does not wrongly convict an &#039;innocent&#039; accused. On the other hand, if the magistrates are &#039;separate&#039;, the defence job is easier, and there would be a high chance that the prosecuting magistrate wrongly release a &#039;guilty&#039; accused. 

If Labour is elected, neither Anglu Farrugia nor Jose Herrera would be suitable. Muscat can appoint Gavin Gulia, who I think operates in commercial law, and who is not &#039;tainted&#039; with criminal business. 

Yes it is true, there is many an evil in politics. But trying to release people who are in all probability guilty of the crime they are accused of, on a mere technicality, is also evil. Justice would not be done. And you want to be &#039;Justice&#039; ministers?]]></description>
			<content:encoded><![CDATA[<p>FINALLY. I&#8217;ve been trying to make this point  a lot, but no one seems to see the conflict. </p>
<p>Both sides seems to be blinded by partisan hysteria (PL), or licking appeasement and fear of antagonising (PN).</p>
<p>YES, there is a great contradiction, and a great conflict of interest, if a top defence lawyer is appointed a Minister of Justice. Especially when one owns a private business in the field. A double conflict of interest. </p>
<p>Though it is a legitimate job and a right to the accused, the mindset would not be right. A prime minister should only appoint such a hybrid only if he had no choice, and probably not even then. </p>
<p>I know we have had such contradictory hybrids in the past, on both sides, but people tell you they were not nice days for justice in Malta, irrespective of how great as political giants they were. </p>
<p>YES, it is a contradiction in &#8216;subtle&#8217; democracy, for the honest citizen, as much as the fuss  created by Franco Debono for the cases when the inquiring magistrate and the prosecuting magistrate are one and the same. </p>
<p>Why the fuss? Because he is just looking from the angle of the accused. </p>
<p>There is a very high chance that a &#8216;combined&#8217; magistrate does not wrongly convict an &#8216;innocent&#8217; accused. On the other hand, if the magistrates are &#8216;separate&#8217;, the defence job is easier, and there would be a high chance that the prosecuting magistrate wrongly release a &#8216;guilty&#8217; accused. </p>
<p>If Labour is elected, neither Anglu Farrugia nor Jose Herrera would be suitable. Muscat can appoint Gavin Gulia, who I think operates in commercial law, and who is not &#8216;tainted&#8217; with criminal business. </p>
<p>Yes it is true, there is many an evil in politics. But trying to release people who are in all probability guilty of the crime they are accused of, on a mere technicality, is also evil. Justice would not be done. And you want to be &#8216;Justice&#8217; ministers?</p>
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		<title>
		By: Alfred Bugeja		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159449</link>

		<dc:creator><![CDATA[Alfred Bugeja]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 21:24:51 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159449</guid>

					<description><![CDATA[So spot on! 

There are criminal lawyers, and criminal lawyers. The ones who are constantly in the news for defending their clients should never be in office. It&#039;s the same reason why Jose or Tuks should not even be allowed to see a cabinet post of such importance from a distance.]]></description>
			<content:encoded><![CDATA[<p>So spot on! </p>
<p>There are criminal lawyers, and criminal lawyers. The ones who are constantly in the news for defending their clients should never be in office. It&#8217;s the same reason why Jose or Tuks should not even be allowed to see a cabinet post of such importance from a distance.</p>
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		<title>
		By: Jozef		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159429</link>

		<dc:creator><![CDATA[Jozef]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 20:43:42 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159429</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159238&quot;&gt;Life of Brian&lt;/a&gt;.

Oh please. So, who made HIM do it?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159238">Life of Brian</a>.</p>
<p>Oh please. So, who made HIM do it?</p>
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		<title>
		By: Min Weber		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159415</link>

		<dc:creator><![CDATA[Min Weber]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 20:27:06 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159415</guid>

					<description><![CDATA[Franco Debono does not understand the long-term implications of his actions.

Let&#039;s assume that he is genuine in his protestations, and that he does not want undemocratic practices. One such practice is having a &quot;top criminal lawyer&quot; heading the justice ministry.

On the Labour side, Anglu Farrugia and Jose Herrera, both &#039;top criminal lawyers&#039; have their eye on the justice ministry and will be vying with each for it.

If Dr Debono brings the government down, and Labour is elected to power, it is a &#039;top criminal lawyer&#039; who will become minister of justice.

Would that be democratic, Dr Debono?

&lt;strong&gt;[Daphne - Yes, he thinks it perfectly acceptable, because he wants the justice ministry for himself, remember.]&lt;/strong&gt;

Debono spends lots of time talking to Jose Herrera, and I suspected at first that he might be instigating him - because if the government falls and Labour is elected, Jose Herrera gets to be justice minister sooner than he hoped.

Dr Debono, all modern pieces of legislation have a section, called Article 2, in which the legislator provides definitions. Perhaps you should give us your definitions of: &quot;democracy&quot;, &quot;meritocracy&quot;, &quot;connections&quot;, &quot;friends&quot;, &quot;cousins&quot;, and such terms.]]></description>
			<content:encoded><![CDATA[<p>Franco Debono does not understand the long-term implications of his actions.</p>
<p>Let&#8217;s assume that he is genuine in his protestations, and that he does not want undemocratic practices. One such practice is having a &#8220;top criminal lawyer&#8221; heading the justice ministry.</p>
<p>On the Labour side, Anglu Farrugia and Jose Herrera, both &#8216;top criminal lawyers&#8217; have their eye on the justice ministry and will be vying with each for it.</p>
<p>If Dr Debono brings the government down, and Labour is elected to power, it is a &#8216;top criminal lawyer&#8217; who will become minister of justice.</p>
<p>Would that be democratic, Dr Debono?</p>
<p><strong>[Daphne &#8211; Yes, he thinks it perfectly acceptable, because he wants the justice ministry for himself, remember.]</strong></p>
<p>Debono spends lots of time talking to Jose Herrera, and I suspected at first that he might be instigating him &#8211; because if the government falls and Labour is elected, Jose Herrera gets to be justice minister sooner than he hoped.</p>
<p>Dr Debono, all modern pieces of legislation have a section, called Article 2, in which the legislator provides definitions. Perhaps you should give us your definitions of: &#8220;democracy&#8221;, &#8220;meritocracy&#8221;, &#8220;connections&#8221;, &#8220;friends&#8221;, &#8220;cousins&#8221;, and such terms.</p>
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		<title>
		By: Andreas Moser		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159402</link>

		<dc:creator><![CDATA[Andreas Moser]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 20:10:31 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159402</guid>

					<description><![CDATA[Maybe all ministerial posts should be held by housewives then?

&lt;strong&gt;[Daphne - If somebody is a politician, then she is not a housewife. Did you say you&#039;re a lawyer?]&lt;/strong&gt;]]></description>
			<content:encoded><![CDATA[<p>Maybe all ministerial posts should be held by housewives then?</p>
<p><strong>[Daphne &#8211; If somebody is a politician, then she is not a housewife. Did you say you&#8217;re a lawyer?]</strong></p>
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		<title>
		By: The Capon		</title>
		<link>https://daphnecaruanagalizia.com/2012/01/why-a-top-criminal-lawyer-shouldnt-be-minister-of-justice/#comment-159393</link>

		<dc:creator><![CDATA[The Capon]]></dc:creator>
		<pubDate>Sat, 14 Jan 2012 20:04:07 +0000</pubDate>
		<guid isPermaLink="false">http://daphnecaruanagalizia.com/?p=16451#comment-159393</guid>

					<description><![CDATA[http://pawlugatt.com/2012/01/14/the-value-of-democracy/]]></description>
			<content:encoded><![CDATA[<p><a href="http://pawlugatt.com/2012/01/14/the-value-of-democracy/" rel="nofollow ugc">http://pawlugatt.com/2012/01/14/the-value-of-democracy/</a></p>
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