“Judge Farrugia Sacco should be relieved of his duties” – the Ombudsman
Judge Farrugia Sacco and friends at Magistrate Herrera’s (pictured here with Robert Musumeci) birthday party. The woman on the far right is Lydia Abela, the president’s daughter-in-law and a top Labour Party official.
The Ombudsman (himself a former chief justice – Joseph Said Pullicino) has written formally to the President of the Republic, who presides over the Commission for the Administration of Justice, to say that Judge Farrugia Sacco should be relieved of his duties because of his controversial involvement in the Olympic ticketing scandal.
Relieving a judge of his duties is not the same thing as firing him. A judge may be impeached (removed) only by a two-thirds vote in parliament.
But the chief justice, who is responsible for distributing work/duties among judges and magistrates, can have a judge’s or magistrate’s case load transferred to other judges and magistrates.
The chief justice who held office just before the current incumbent had in fact done this with Magistrate Herrera, transferring her entire libel case load involving politicians and journalists to other magistrates some two and a half years ago, after I reported on this website that many of those appearing before her in these cases were guests at her parties and that she dined with others.
The president, George Abela, has a conflict of interest or rather an ethical problem with deciding matters to do with Farrugia Sacco, because when Farrugia Sacco was called before the Commission some years ago to face questioning over his involvement in the Malta Olympic Committee (which is against the rules for judges and magistrates), Abela – then not yet the president – was his defence counsel.
The Ombudsman said in his letter that the Commission for the Administration of Justice should use its moral authority in this matter to make sure that Judge Farrugia Sacco does not preside over any cases if or until the matter of his involvement in the ticketing scandal is decided.
The Ombudsman wrote to the President of the Republic:
The news that a Judge of the Superior Courts has been implicated by an international sporting authority in a case of corruption has shocked me as indeed also our nation.
The news in itself, irrespective of any judgement as regards guilt or otherwise, severely undermines trust in the Administration of Justice.
Article 12 of Act XXI of 1995 precludes me as Parliamentary Ombudsman, to express an opinion on the Judiciary and consequently on the behaviour of members of the judicature in the exercise of their duties.
This does not however prevent me from expressing my opinion on the effects of such behaviour on the proper administration of justice in the country, all the more so when this concerns actions which are not in any way related to the recognised functions of a Judge.
It is in this spirit, Mr President, that I am submitting my well-formed opinion that the Commission over which you preside should use its moral authority to ensure that the Judge allegedly involved in this scandal is immediately relieved from attending to this judicial duties until the charges levelled against him are finally determined in full respect of his constitutional rights, including that of the presumption of innocence. This decision ultimately rests with His Honour the Chief Justice in the proper exercise of his functions.
This decision finally devolves on the Chief Justice in the exercise of the functions of his Office.
The above opinion applies so long as the Judge, against whom the allegations have been made, does not immediately and responsibly suspend himself from the exercise of his judicial duties so as to be best able to defend himself with the least possible negative effects on the Administration of Justice.
I am of the opinion that such action needs to be taken also in the light of the advice tendered to you by the Honourable Prime Minister to dissolve Parliament on 7 January 2013
I found the final sentence particularly telling.
12 Comments Comment
Leave a Comment
So we are going to end up with another judge getting paid for doing nothing whilst other judges end up carrying his weight.
Not just that.
As Daphne pointed out, his last sentence is all important.
If the reds get in, he’s off, scot free. Corruption will reign, once again.
Kemm qieghed sew dan l-imbierek pajjiz.
About time that action is taken against Lino Farrugia Sacco.
Dan il-poplu vera miskin ghax kieku ma’ jkunux il-barranin li jindunaw bil-korruzzjoni ta’ certu nies kbar hadd ma’ jinduna u rridu nibqghu inbaxxu rasna quddiem dawn in-nies korrotti.
Dr. George Abela was his defence counsel.
Dawn Hbieb tal-Hbieb jew crieki tac-crieki mela Gonzipn.
Imbirek’Alla x’imhallfin ghandna Malta eh?
Franco is getting all worked up over on Souperr One at the moment.
Said Pullicino, he told us, used to work in Guido Demarco’s office. Guido’s son and Farrugia Sacco’s son are both candidates in Hamrun at the next elections. The Times (a Demarco stronghold) is giving prominence to Said Pullicino’s letter to the President.
Q.E.D. Such are the workings of his brain.
Maybe Franco should ring up Judge Farrugia Sacco and offer to defend him?
john,
Dan Franco tip ta’ bniedem li hu kontra kullhadd ghax ghandu ghira kbira lejn kull min hu ahjar minnu.
Il-Malti taf x’jghid habib:
L-GHIRA OHT IL-GENN.
You’re right about the last sentence.
Franco made it a point to discredit the Ombudsman implying he’s doing his bit for Mario Demarco on the 1st district.
If that isn’t slander.
Michael Falzon was on his watch, seated alongside.
Mela, issa Lino Farrugia Sacco ghandu it-tifel kandidat mal-Labour.
Ta’ min jistaqsi lil Joseph Muscat jekk ikun fil-Gvern xi tkun il-posizzjoni ta’ Lino Farrugia Sacco jekk jinstab hati ta’ korruzzjoni li rredikolat lill-Malta.
Imma kif dejjem b’tazza f’idejh. Jidher li jhobba l-qatra. U dik Lydia, x’tintrass ma’ ta’ quddiemha.
Is Ray Pace, a Labour supporter who was made a judge by the Labour government in 1998, close to or a buddy of George Abela as well?