Disgraceful
Let’s see now. Some years ago, Judge Lino Farrugia Sacco was summoned before the Commission for the Administration of Justice and challenged over his official role in the Malta Olympic Committee, which goes against the ethical rule book for judges and magistrates (no membership of sports committees and so on).
George Abela was Farrugia Sacco’s defence counsel before the Commission.
Despite the Commission’s reprimand and request that he stop immediately, Farrugia Sacco defiantly carried on with his participation in the Malta Olympic Committee, ignoring the Commission for the Administration of Justice and also the code of ethics for members of the judiciary.
Fast forward a few years. George Abela becomes president of the republic. The president of the Commission for the Administration of Justice is always the president of the republic, whoever that might be and even if he or she is not a lawyer and has no legal background.
Farrugia Sacco becomes embroiled in an international scandal to do with ticketing for last summer’s Olympic Games. The embryonic scam ends up on the front page of The Sunday Times (London). Farrugia Sacco is photographed and recorded.
Malta wakes up to this news. The Commission for the Administration of Justice does not react. Has its president put personal friendship with his former client the judge before his duty towards the administration of justice?
Here’s the thing: we don’t know. The Commission for the Administration of Justice does not operate in a transparent manner and the wheels within wheels are left to worry us.
Nothing happens and nothing happens. Then, a few weeks ago, the people at Olympic HQ announced that they have concluded their investigations into the scam allegations. Farrugia Sacco, one of his colleagues on the Malta Olympic Committee, and a few others (not Maltese) are heavily rapped.
Again the Commission for the Administration of Justice does nothing that we can see or know of.
Finally, the Ombudsman – himself a well-respected former chief justice – writes to the president of the Commission for the Administration of Justice, presumably shocked and disturbed by its failure to act, allowing Farrugia Sacco to carry on as normal and as though nothing untoward has happened.
The Ombudsman says that Farrugia Sacco should be relieved of his duties immediately until the matter is properly decided. This is not the same as impeachment. It simply means that the Chief Justice removes his case-load and assigns him no further cases. He remains a judge.
George Abela then says that he is taking a step back because he defended Farrugia Sacco in this same controversial matter. He does not mention that they are friends too.
Meanwhile, Farrugia Sacco, behaving as disgracefully as can be expected of somebody who doesn’t know how to comport himself with dignity, asks the police to investigate and prosecute the Ombudsman for criminal defamation. Can you imagine? I repeat: a JUDGE asks the POLICE to investigate and prosecute THE OMBUDSMAN for defaming him.
Shortly afterwards, we read in the newspapers that the Commission has passed on the chief justice the Ombudsman’s letter, so naturally, we assume that this means it has passed the buck to the chief justice for action. What else could it possibly mean?
But then like a bolt out of the blue, the Commission releases its own letter to the Ombudsman, accusing him of breaking the law by saying what he did about Farrugia Sacco.
The letter is worded to be aggressive and damaging. The Commission does not accuse the Ombudsman of acting outside his remit. It accuses him of breaking the law.
The Ombudsman, who can hardly be accused of writing that original letter without carefully studying the law (he is, after all, the Ombudsman and a former chief justice) stands by his action and request.
Meanwhile, Farrugia Sacco carries on throwing his weight around and even goes so far as to insult the prime minister, with the press, for demanding that he resigns at once. “Is he trying to be funny?”
The prime minister points out that even this reaction is yet more evidence that Farrugia Sacco is unfit for office as a judge.
The Opposition leader does not back calls for Farrugia Sacco’s impeachment or resignation, and says that he will go with whatever the Commission for the Administration of Justice suggests.
The president of the commission’s (and of the republic’s) son is a Labour candidate; his daughter-in-law is a senior Labour Party official. Farrugia Sacco’s son is also a Labour candidate.
All of this makes the whole thing look really messy, even if it is not and even if everybody except Farrugia Sacco senior continues to behave correctly.
It comes across as sordid and tangled, and in these situations people do not feel safe that all is above board.
The future Labour minister of justice, Jose Herrera, goes on television to explain that what Farrugia Sacco did is not really serious and so he shouldn’t be expected to step down. He fails to mention just how close a friend Farrugia Sacco is to his sister (and to him).
30 Comments Comment
Leave a Comment
Isn’t Robert Abela the Malta Olympic Committee legal advisor?
http://www.maltatoday.com.mt/2009/05/31/t8.html
The President of Malta should resign, if Sacco doesn’t.
The Labour position about Farrugia Sacco has just become a hot topic for the forthcoming electoral campaign.
Farrugia Sacco has no alternative other than to resign, and Labour had better advise him to do so.
This is a perfect mess in the Laburist Quarters.
Friends of friends in the Court Rooms of (IN) Justice amongst Labour appointed Magistrates?
And this is the result of New Labour.
Let see how this will end like – we shall ALL then be the wiser.
As far as I know the tickets in question were for the Sochi 2014 winter olympics, not that this changes anything.
Daphne, above you wrote ‘…recommended this morning that he take up the Ombudsman’s suggestion and relieve Farrugia Sacco of his case load.’
Did they? I must have missed that. I only read that Pace’s duties were to be re-distributed.
[Daphne – My mistake. I’ve amended my post.]
“The chief justice announced this evening that he would be taking up the Commission’s recommendation (because now it had become the Commission’s recommendation and not the Ombudsman’s) and would relieve Farrugia Sacco of his case load.”
The Times is reporting that the chief justice will be relieving Pace of his duties, no mention of Farrugia Sacco.
You missed one crucial point. Not only integrity is at stake here but also competence.
The Commission for the Administration of Justice does not know what the meaning of breaking the law is. This is one serious matter.
So much for the administration of justice.
We’re just hitting rock-bottom now.
There is yet another crucial point.
The Commission’s letter to the Ombudsman said:
“Ghalhekk, id-dikjarazzjonijiet fir-rigward tal-Kummissjoni, tal-Prim Imhallef u l-Imhallef Carmelo Farrugia Sacco li inti ghamilt fl-imsemmija ittra huma kontra l-ligi.”
At best, this is only a claim. But it seems that the Commission for the Administration of Justice has turned itself into a court and decided that the Ombudsman was breaking the law.
How can the CAJ make this mistake?
It is only a court which can determine a breach of the law, and one would expect the CAJ of all institutions to know this.
A superb kickoff to little Joey’s election campaign. Labour sleaze bubbles up early.
This is disgraceful too:
http://www.timesofmalta.com/articles/view/20121214/local/pl-franco-debono-xarabank.449597
Guess the PL are choosing who to send:
http://www.timesofmalta.com/articles/view/20121001/local/pbs-protests-to-broadcasting-authority.439186
So the PL failed to send one of their deputy leaders, yet again, on live TV for a debate with Dr. Simon Busuttil.
Looks like they’re terrified of looking stupid. I don’t mind. This kind of bad manners shows everyone more and more how unsuitable they are to govern this country.
Dr Anglu Farrugia chickened out again for the third time.
Since George ABela was the advisor of thn PM Sant, was he behind the shameful choice of the five disgraced magistrates/judges during the Labour Government of 1996 – 98?
One also needs to remember that George Abela was the President of the MFA when a German (Hesse) was the coach of the national football team.
When coach Hesse resigned (I think in the early nineties), the German coach came out with serious accusations against George ABela and the way he was running the MFA (he used to think it was personal club, etc). At the time, everyone was afraid to criticize George Abela given that he is very smooth in the public eye.
I still believe that the choice of Dr. Abela as president remains (together with the divorce issue) one of Gonzi’s biggest mistakes. He gave unwarranted credibility to this person.
Let us not forget that he was at the decision table when Malta’s EU application was frozen / withdrawn, and at the time no single decision was taken without his consent. It is useless for hime to come out now and say that they were thinking of a U turn, which is obviously a lie and a last minute ditch to try and redeem himself.
Re the last paragraph. Not correct, actually, as Sant’s decision to call an election in 2008 was taken against Dr Abela’s prudent advice.
Apologies. Sant’s calling an election was in 2003. Sorry for mis-typing
To all those comparing this night’s show with the JPO-Sant show in the eve of the 2008 elections, I’m refreshing everyone’s memories:
2008 – There was no debate planned for that day, it was a question and answer session between Sant and journalists (with JPO presenting himself as a journalist).
2012 – This should have been a debate between Busuttil and Farrugia, but Farrugia simply chickened out (just as Sant did in 2008, this time three times in a row!).
2008 – JPO was publicly viewed as a genuine politician AT THE TIME (with particular emphasis on these last three words).
2012 – Frankie Tabone is now being publicly viewed as one who constantly needs the tranquilliser needle.
2008 – JPO was AT THE TIME viewed as an upcoming PN politician.
2012 – Tabone is now showing his true colours, possibly confirming that he has been a Laborist since Day 1 and a “wicc-b’iehor” all throughout (a characteristic which does not go down well with the Maltese voter).
2008 – PN had checkmated MLP in its final move prior to the election.
2012 – MLP tried to emulate the 2008 PN move but failed miserably, possibly shooting at its own feet.
Only one thing remains constant:
2008 – The incompetence of MLP to master the situation simply leads the voter to think “How can I leave the country in these people’s hands?”
2012 – MLP is again unable to master the situation again – it simply does not seem to realise that parading characters like Dalli, Mugliett, JPO and Frankie Tabone will simply work against it!
Il-hbieb tal-hbieb tal-hbieb.
The shamlessness is breath-taking.
The spin Super One is giving to tonight’s events is unbelievable!
They must really live in a world of their own.
This is just the tip of the iceberg. If Labour is elected into government, we’ll go back straight to the 80s where no one could say anything against the government and the national TV was really controlled by the government.
Where are you, Daphne? I hope you didn’t miss tonight’s charade.
[Daphne – Yes, I did. I was invited to supper at a dear friend’s, a civilised friend without a television in the dining-room. But on my way there, I was besieged with telephone calls and text messages keeping me posted.]
Our President lost his credibility wIth his inaction on the Justice Farrugia Sacco case
One thing I am really curious about – in case the PM places an impeachment motion against Farrugia Sacco, will Frankie Tabone wait for the directions given by the Labour whip?
The president of the Commission of Justice seems to be dead to the goings on of certain judges and lawyers. Wake up Mr. President and do your bit or since there seems to be conflict of interest you should call it a day and resign from both posts.
The public outcry against maladministration by some judges is unanimous.
The Prime Minister is shocked.
So is the legal profession.
So is the Ombudsman.
The “odd man out” seems to be the Commission for the administration of Justice (its President a.k.a. the President of the Republic) whose most shocking public display is to lambast the Ombudsman.for daring to add his lament to the general outcry.
I qua urbe vivimus! Quam civitas habemus!
gejja tieghek ja liba tlett xhur baqalek duqom sew ja hadra
I regret that the President of the Republic has painted himself into a very sticky corner, with his Labour Party roots strangling his vision. This is untenable
Can those who have a case in court before Farrugia Sacco write to the Chief Justice to assign it to another judge on grounds of lack of confidence in that particular judge?
Was the letter from the Commission for the Administration of Justice to the Ombudsman cleared by all the members of the Commission?