Silvio Meli’s judgement in the EUR800,000 stevedore case
Published:
November 16, 2012 at 3:21pm
Download the PDF here:
52 Comments Comment
Leave a Comment
Featured Posts
-
Paltry €50,000 fine for illegal Siggiewi zoo lifted in exchange for state school visits...more
-
Owner of illegal Siggiewi zoo parties with Environment Minister one day before Planning Authority sanctions it...more
-
World Economic Forum index/Malta: public trust in politicians plummets 17 places in one year...more
-
When freeloading Clyde Puli spent 16 days at the Olympic Games in China and made us pay for it...more
-
The leader of the Nationalist Party and Miss Rebecca Dimech...more
-
Well, the Kap tal-Kattolici u l-Latini certainly has a roving eye...more
Animal Rights’ groups or children’s Homes sure would have appreciated a tiny fraction of the bounty handed out by Judge Meli to those two.
I think the criminal and the civil judicial systems in Malta need to be revamped.
From Daniel Holmes getting ten and a half years in prison and a 23000 euro fine for growing one of the most useful herbs known to mankind to gifting Mario Gerada 280,000 euros to this closed shop nonsense financial award.
“Victoria mart Raymond Cassar u l-istess Raymond Cassar bhala l-amministratur tal-beni parafernali ta’ martu”
WTF?
Yes, where does the husband come into the picture. It’s her inheritance.
The law was like that at the time!
Do some research before you put your fingers on the keyboard.
Perhaps his wife had no say in the matter, and he wanted to milk the situation for all it was worth..
@ Min Weber. I apologise for not being a lawyer and not knowing the history of the legal system in Malta.
I was waiting for somebody to either confirm or correct me.
As far as I know an inheritance is the sole possession of the heir, even if married. Now I know that it was not always the case. Thank you for the information.
Up till about 1995 the husband could administer (read “take over”) his wife’s paraphernal, or inherited, property.
And where are our legislators? Don’t they have the balls to do the right thing and repeal this law? They prefer to let the country’s coffers take a beating like this rather than lose themselves a few votes. This is the same story as with the boathouse squatters.
This law should have been repealed years ago. It is totally illogical that a job is a right which can be inherited be it by a daughter, son or anyone. Was it Mintoff who introduced it?
Sounds like the type of thing he would do. Illogical to introduce it, irresponsible not to repeal it.
This was 1992. I think that it is not any longer the case.
i wonder if the Arriva driver, who tried to get ARRIVA to sack him, had anything of this reasoning and hope in mind. Miskin, it backfired on him though.
Stevedores no longer inherit their jobs. EU membership-led reforms put an end to all that.
Both cases worth over a million euros should be appealed by the Attorney General, but with the taxpayers somehow or other footing the bill and with the elections just round the corner someone ought to officially check on Judge Meli’s agenda. I’m pretty sure we’re going to have some more of these.
They’re laying the groundwork for Joseph’s future class action for injustices suffered these past 25 years.
If he can’t get past parliament, he’ll resort to mass lawsuits.
VAT, electricity bills, registration tax, just ask for legal assistance at Mile End. Magistocracy.
Government by the courts?
But does Labour have a majority there?
These two shocking judgments, which provide a payout for future damages up to and including the estimated date of retirement, are premised on several bizarre assumptions:
1. An employer can be forced to grant employment to a candidate for employment sight unseen, and may have no say in the matter whatsoever, regardless of the candidate’s qualifications.
2. An employee can never, ever be terminated from his or her employment, whether with or without cause.
3. An employee whose employment is terminated for any reason really shouldn’t bother to try to mitigate his or her damages by seeking employment elsewhere.
Now, re-read these three points, supplementing the words “employee”, “employer” and “employment” with the words “tenant”, “landlord” and “tenancy”. It is just astonishing how all of this lines up.
Talk about a socialist paradise.
This learned judge is proving to be the best Father Christmas ever. Pity that WE have to fork out this money.
Probably both Mario Gerada and now Victoria Cassar will give a good chunk of their windfall to Joseph Muscat so that he can bankroll the election campaign.
Tonio, you will do well to keep Meli in mind, if you do not want the budget plan to go astray.
Nistieden li dawk il maltin kolla biex nifthu kawza ghad-danni talli ahna gejna iddiskriminati u ma inatajniex ix-xoghol li kellu missierna bhal ma qedghin il-haddiema tax-xatt ghax skond kif irraguna l-imhallef kull min xtaq ikun haddiem tax-xatt gie iddiskriminat ghax dawn kienu jintirtu .
I keep telling you,folks – min hexa mexa.
Tkompli – u min ma hxix inhexa.
Unfortunately, truer words were never spoken.
I have a feeling that had I appeared before this Laburist ta L-Azzar judge, I would have been given peanuts as I am sure that somehow, the political colour of the person plays an important part when it comes to his decisions.
His track record on libel judgements demonstrates this.
Ask Berlusconi.
When De Benedetti, owner of the left leaning Repubblica sued Berlusconi’s group, following the latter’s acquisition of Mondadori, the judge ordered Berlusconi compensation amounting to 800 million Euros.
Even Napolitano, ex-communist, felt the need to intervene, it would have resulted in mass lay-offs.
Welcome to Joseph’s PL, redistribution of wealth by reversing parliament’s decisions via the courts. Easy if magistrates are on board.
He just distributed 1 million euro from the taxpayers’ money.
I wonder if he will act the same when Joseph Muscat is in power.
He might as well do it just the same. It is taxpayer’s money, after all. It will make the government look generous with the underdog, whilst taking it away from the ‘sinjur’, who may be a private employer.
Keep in mind that these judgements provide case law and setting precedents.
Well, considering any appeals and general government efficiency, I guess the payouts might happen after the next election.
I am expecting Mrs Cassar’s eldest son to sue for wrongfully being deprived of his inheritance.
Why did not Mrs. Cassar also sue her brother ?
I used to know Silvio Meli when he was a law student. He was entirely apolitical. Are his PL sympathies a fact, or are they the result of conjecture?
Labour supporters, especially the ones who are ashamed to be called so, always start out as apolitical.
That might explain it.
The law only allows damages in the form of future wages in the case of permanent incapacity (sec.1045 Civil Code).
This has always meant a loss of physical capacity, e.g. loss of limbs, mobility, or even facial scarring, anything physical permanent which diminishes a person’s ability to work.
It is usually expressed as a percentage of disability.
The judge’s largesse or ignorance of the law has basically written the woman off as a 100 percent vegetable. And yet, he accepts that she’s going to be working like any other healthy bank employee till pension time.
This judge has awarded punitive and moral damages against the law in several cases since being made a judge. He knows that he cannot but he just does. La loi, c’est moi.
She is BOV Mqabba Branch Manager (See BOV web site – public knowledge).
Judge Silvio Meli is working very hard to be nominated judge at the European Court of Justice by Muscat’s government.
Working hard to impress Joseph by making us pay more. And Joseph wants us to vote for him because we cannot afford to pay our bills. Some logic.
If that means a ‘kick upstairs’…
Judge Meli’s warped reasoning less to the award of one million euros to two people. Essentially, each taxpayer has to fork out 63.34 euros for this. That’s basing oneself on NSO statistics May 2012 with 157,787 gainfully employed citizens.
Brilliant. All we need now is a billboard saying…..
Grazzi Cittadin Malti. Taf kemm taghmel kilometri il-Mercedes tieghi bil-63.34 Ewro tieghek ? Issa jghidilkom Joseph la niehdu dawra tajba.
Never in my life would I have imagined that the career of a casual nurse would end in a pot of gold at the end of the rainbow.
Does the new Labour Government plan to replace this judge by suitably-qualified personnel on the basis of competency? Of course, I did not think so either.
Does Labour’s promise to carry out an “audit” and to execute “re-deployment” once in government apply to the judges and magistrates as well?
http://www.maltatoday.com.mt/en/newsdetails/news/national/I-voted-in-favour-Simon-Busuttil-on-Franco-Debono-s-election-ban-20121116.
I think that Simon Busuttil is not material for deputy leader of the PN, let alone leader.
One does not meet people like Franco Debono and JPO after all they have done and are still doing to the PN. It shows lack of compassion towards the PN leadership which was trying hard to govern in a hostile economic environment with those two doing their best to cause havoc.
The AZAD meetings are not the right sounding-board for a good electoral programme. As far as I know it was the party’s candidates who should have gone to the people’s kitchens.
In other words the PN should have sent its representatives to the various entities to get to know the real issues the people are worried about.
I find this “come-to-my-office” attitude very patronising. It’s surely not the kitchens Gonzi spoke about some months ago.
The ability to write the electoral programme (wish list) does not make you a good leader.
It’s the ability to execute the electoral programme which makes you a good leader.
And no anointments, please.
What about this from Tonio Fenech?
See http://maltatoday.com.mt/en/newsdetails/news/national/I-voted-in-favour-Simon-Busuttil-on-Franco-Debono-s-election-ban-20121116
Quote
“Fenech also reiterated the party line on Debono, Mugliett and Pullicino Orlando’s ban. “I agree with the decision taken by the Executive, because at the time when they were needed, they weren’t there,” Fenech said.
He added that the Executive Council’s decision “sends a clear message that we are a team that provides stability and certainty… at the end of the day they were not expelled from the PN, and there is nothing stopping them from militating within the party.”
Endquote
I think Tonio Fenech is interpreting the limits up to where the three ex-PN candidates can work in the party. They can be activists but they cannot be candidates.
If I’m not mistaken they are ranked like Hermann Schiavone: ACTIVISTS.
Tonio would have been a lackey if he approached these MPs with a chip on their shoulders; he knows fully well that he won’t get their vote.
The difference between the two contenders is that one experienced the three Judases first hand, and the other was just sitting on the wall watching.
Igri jitla Joseph halli ma jsirux aktar dawn il-moqzizati…
Mr Justice Meli should very swiftly be transferred to some parking tickets disputes department before he single-handedly overhauls all our case law.
Government could always leave the payment to the next incumbent, and then let’s see how the Gvern Laburista Gdid will pay the damages.
Best wishes to Mr. Vella and Mrs. Cassar for a very Meli Christmas.
Like.
So Berlusconi Meli gave this woman €47,009 for each of those 17 years over and above the salary she was earning from BOV and…..could it be the salary of her husband too? X’rigal ghall-Milied dak, bis-sahha ta’ Berlusconi Meli.
Why do they use “learned” when referring toa judge? I think it is so stupid.
Judge Silvio Meli’s judicial madness in a long dragging immovable property case which was quickly solved in our law courts today. Read how Justice Silvio Meli rendered eleven families homeless in minutes.
http://www.timesofmalta.com/articles/view/20121205/local/lay-lay-ordered-to-demolish-structures-on-land-which-does-not-belong-to-it.448348