Pertinent comment of the day
Sent in by JoJo:
Dr Toni Abela said that (i) the accident involved a barman who changed some locks (therefore impeding access to a third party), (ii) Dr Abela intervened because this was a CIVIL matter (according to law).
Manuel Mallia, representing the Labour Party, repeated these same arguments on Bondi+ last night.
This is, however, a RAGION FATTASI situation – the arbitrary exercise of a pretended right as contemplated in Article 85 of the CRIMINAL code.
Therefore, the police had in their hands an alleged criminal offence and, by law, had to institute criminal proceedings.
Dr Abela and Dr Mallia, self-proclaimed masters of the law, are therefore, lying when saying that this was a CIVIL matter.
Let’s hope Asst Police Commissioner Neil Harrison had nothing to do with this. His wife (shown here) is one of the people who endorsed JosephMuscatDotCom at the Bay Arena event
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Ragion Fattasi has nothing to do with the aforesaid scenario.
A typical illustration of ragion fattasi would be that I am owed money from a debtor, and in lieu of going through legal proceedings, I simply enter his house and subtract something of a corresponding value, in satisfaction of my debt.
The situation here is that an injured filed a complaint (kwerela) with the executive police, and Dr. Abela intervened to have the complaint retracted.
The point here is whether the complaint could have been retracted, or whether the police could have proceeded ex officio. The latter option is exercised when the offence takes place in a public place, in which case the police MUST take proceedings, irrespective of the will of the injured party.
We can debate whether a ‘Kazin’ is a public place or otherwise.
This naturally, does not have anything to do with the fact that Dr. Abela sought a ‘pulizija laburist’ to retract the complaint. That is damning, irrespective of, the aforesaid.
The problem is clearly one of distinguishing between what is legal and what is right.
It is irrelevant to some extent whether Toni Abela’s conduct was legal or not. The fact of the matter is that it was wrong.
The wrong-doing of Dr. Abela is that he exerted his influence through his high political office at the PL to retract legal proceedings by the police with the intention of saving the PL from possible political damage by averting the chance of having the incident reported in the newspapers.
Was watching Super One TV. There was Toni Abela on Kalamita. Apparently he has a weekly appearance in which he explains the reasoning behind some old court case.
He was in control of this part of the program, and he had a panel of about 8 persons around him, including Alfred Zammit and Prof. Anglu Psaila.
Abela was discussing a legal case which referred to events from the time of the rule of Malta by Napoleon, so towards the end, the discussion turned to how Napoleon was probably eliminated with an arsenic which is difficult to detect. On the subject of arsenic, Prof. Anglu Psaila interjected and referred to the myth that upon his arrival in Malta, St Paul removed the venom from the snake and deposited it in the tongue of Maltese women. Prof. Psaila said that he believed it was the tongue of the Maltese, not of women.
At this point, one of the other guests quickly interrupted loudly “Uuu, forsi kienet mara ragel.”
Instead of correcting the guest concerned, Toni Abela, Deputy Leader of the Malta Labour Party, murmured something like “u issa” and hurried with the closure of his part of the program.
This incident happened around 14.50pm.
Tal-misthija.
@ Jack – the changing of locks is a pretended right. It is ragion fattasi. The example you gave is theft.
I would also keep an ear to the ground to see whether locks have been changed in other MLP Kazini.
Is this a matter of “changeover” procedure?
Recent superior court case file, the Vellas Vs St Leonard Band Club, Kirkop states that a club is a public place, if I am not mistaken. Addio members, it is in the public`s interest.
Its very interesting to hear the quaint legalese but am I alone in thinking ‘SAG’ and ‘mobile squad’ when I hear ‘sibt pulizija Laburist’. Is that what some thug who’d beat up my kids for not toeing the party line going to look for if he winds up caught in the beautiful ‘Malta Taghna Lkoll’ under Joe?
Tom: I still remember what the policeman who came after me and beat me with a chain looked like. I will never forget his face, nor his number.
It seems there were weapons in that club.
Gives a whole new meaning to Abela’s statement regarding shouldering responsibility.
Are we supposed to accept Joseph’s total extraneity?