Carpe diem: impeach him, then
Suddenly, he’s all fastidious about using parliament to vote people out of office, though he did it twice last year. But then neither of those two was a raging (literally) Labour Party supporter.
The Leader of the Opposition has said that the Opposition will support a government motion to impeach Magistrate Carol Peralta (a motion for impeachment of judges and magistrates can only be brought by the prime minister, apparently).
The government should therefore seize the day and rid this country and the law courts of at least one canker.
It is pointless having the Minister for Justice (who is the prime minister, lest we forget) and the parliamentary secretary for justice (Owen Bonnici) repeatedly expressing their shock and horror to the media if they don’t actually do anything about it.
Bonnici at least sounds genuinely upset. The prime minister is simulating emotion as usual, and if he feels anything at all it is irritation at yet another spoke in his wheel.
The last thing he can do now is pretend to be fastidious about using parliament to vote somebody out of office. He had no such qualms about doing that twice last year for false and trumped up reasons and using the acquired (through promise of reward) cooperation of his allies on the other side of the house, Franco Debono and Jeffrey Pullicino Orlando.
If he comes over all virtuous about an impeachment motion for a piece of violent, drunken scum who sits dangerously in judgement over others, then he is a foul hypocrite. But then no surprises there.
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Muscat doesn’t actually care. He only spoke out because his rival and contender for leadership of the PL, Owen Bonnici, did not waste any time in declaring his opinion on the matter. At least in deed he seems to have some backbone. It is therefore feigned disgust on the part of the PM.
Had it not been for this power struggle he’d have tweeted:
‘Negative conservative politics by the PN##yesterday it was all about pastizzi##36000 votes wake up and smell d coffee##twitter’
I don’t want to sound pessimistic, but I don’t believe Dr. Muscat will bring an impeachment motion against Magistrate Peralta.
Dr. Muscat is making a “fuss” out of this so that he can project himself as the defender of human rights and a look-good-exercise in the eyes of many, especially his beloved Sliema switchers.
You are not pessimistic, Manuel, you are realistic.
There will be a lot of ‘massaging’ between now and January 13 when Parliament reconvenes and a lot of partying by Peralta whose guests, no doubt, will include some in very strategic places!
Muscat is double-faced, irresponsible, unconscientious and narcissistic.
I doubt he will present a motion to impeach Peralta.
The prime minister has swept the whole episode under the proverbial carpet.
Owen Bonnici, the prime minister’s deputy on Justice, has sent the case to the Commission for the Administration of Justice with a request to “investigate” what happened yesterday in the court room presided by Labour Magistrate Carol Peralta.
The Commission is known for its ability to “take note”, but not its competence to administer decisions and justice.
Had the Commission delivered a decision about magistrate Herrera after she had exhibited all her assets to the Commission?
http://www.timesofmalta.com/articles/view/20100310/local/justice-commission-says-it-has-taken-no-decisions-on-magistrate-herrera.297610
“The Magistrate had said that the only report that was before the Commission for the Administration of Justice was that submitted by an individual where it was alleged that the Magistrate owned some property together with a lawyer. The Magistrate said that she had exhibited all her assets to the commission …”
And about magistrate Carmelino Farrugia Sacco?
http://www.timesofmalta.com/articles/view/20120621/local/-Investigation-should-have-been-automatic-.425242
Oh, and Owen Bonnici said that the arrest of a journalist was illegal and abusive.
I am waiting for another witch hunt of the police officer who arrested the Times journalist and who ‘brought the police force in disrepute with such decision.’ Has Commissioner PP Zammit referred the case to the Police Board as yet?
It is parliament who can impeach a member of the judiciary and this after the Commission for the Administration recommends such an impeachment and concludes finds that a member of the judiciary has committed serious misconduct.
[Daphne – Wrong again, David. The Commission for the Administration of Justice does not come into it at all. It is the prime minister’s prerogative to bring a motion for impeachment before parliament and he doesn’t need the Commission’s say-so. When prime ministers refer the matter to the CAJ it is to distance themselves from the decision or because they need an excuse not to take a decision themselves. However, whatever the CAJ decides, the decision to bring the motion or not is the prime minister’s alone. The prime minister does not take orders from, nor is he answerable to, the Commission for the Administration of Justice. I trust the matter is now clear.]
I can just see you partying at the bench in thirty years’ time, David. You fill the requirements to a T.
You are correct, while David doesn’t even know what the Commission for the Administration of Justice is all about.
It is just a secret lodge where people’s complaints against lawyers and against the bench are treated in absolute secrecy.
And no justice is ever meted out by this useless commission. It should be disbanded and removed from our Constitution.
No I think you are wrong. The PM cannot investigate members of the judiciary. The Commission can, rather, should do so. A PM who acts without an investigation by the CAJ would be abusing his position.
[Daphne – David, please try hard to grasp this. Investigating a magistrate or judge and bringing a motion for the impeachment of a magistrate or judge are two separate issues. The prime minister does not require any investigation for an impeachment motion to be brought. He can go with the available facts, and if he has the support of two-thirds of the house, the impeachment will be successful. The impeachment of magistrates is not like jailing somebody for murder. There does not have to be an investigation, a trial and proof of ‘guilt of a crime’. It is enough for a magistrate or judge to be disreputable and a disgrace to his position, and Carol Peralta most certainly is both. The essential point you seem to miss is that people must have absolute trust and faith in judges and magistrates. That is not something you investigate, like a crime.]
As far as I know in other previous cases, as in the Farrugia Sacco case, the PM waited for the decision of the CAJ.
[Daphne – David, the PM is not constitutionally obliged to refer to the Commission for the Administration of Justice. The decision to bring a motion for impeachment is his and his alone. In this case as in others, the CAJ is being used as a barge-pole with which to keep at bay responsibility for this decision.]
Twitting Joe, in reply to Magistrate Peralta’s press conference, declared from Brussels “The people, Dr Muscat said, are significant and the people are angry at what happened”.
Significant, that is, as long as they are white and do not come to Malta on boats.
I think focus should be made on the arrest of the journalist and NOT )repeat NOT) on the party held in the court room. The illegal call for the arrest of a journalist is indeed serious – much more than the holding of a party in the court-room – after all our law courts have lost their dignity some time way back!!
Some people are allergic to cameras. Norman Vella was arrested because someone reported he had taken pictures while on duty and now The Times reporter was arrested for attempting to do the same. Is-sarima bdiet taghfas sewwa.
The Commission is a paper tiger