The point we have missed is that Muscat’s Law Commissioner was a party to what the Appeals Court described as blackmail and threat
Franco Debono, now Law Commissioner, held up a pen-drive in court and said that it contained ‘even worse’ material which his client Cyrus Engerer had on his victim.
Reading the Appeals Court judgement makes it clear that what sealed Cyrus Engerer’s fate in sentencing was his attempt at threatening/blackmailing his victim into dropping charges against him.
This blackmail/threat attempt was made via his defence counsel at the end of the pre-trial stage (compilation of evidence) in the Magistrates Court.
Engerer’s defence counsel produced a pen-drive (memory stick) and claimed that it contained material that would embarrass the victim further because it was much worse.
The Appeals Court judge, in sentencing, reacted severely to this, saying that it was a clear attempt at blackmail/threat.
The defence counsel was Franco Debono, now Muscat’s Law Commissioner.
It’s all very ugly.
Above all, this is a truly despicable betrayal of the trust placed in Muscat’s party by the many decent people who voted for it. The fact that people voted Labour does not mean they are this sort of person, or that they are happy to see the Labour party hijacked by morally corrupt individuals whose moral corruption led to a severing of relations with the Nationalist Party and their finding an accommodating home with Muscat’s party instead.
Some people have been working hard for the Labour Party for years, and now have to contend with the sight and sound of Franco Debono, Cyrus Engerer, John Dalli, Jesmond Mugliett, Jeffrey Pullicino Orlando and others, taking over and wielding undue influence to save themselves and give themselves privilege, power and advantage. These are disgusting men and they should not be the poster-boys for Labour. It is offensive to the decent people who support Labour.
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Both Franco Debono and Cyrus Engerer should have been immediately arrested and charged with blackmail.
This will never happen in Malta.
Yesterday in Mqabba, Joseph Muscat baptised Cyrus Engerer a “soldier of steel.”
Now he will give him 4 promotions in 4 weeks and appoint him Brigadier in charge of the steel army.
Franco Debono must be texting the prime minister “Mhux fjier. Jien tghidx kemm batejt, u lili m’ghamiltnix bicca suldat. Mhux jien hrigt bil-pendrive quddiem il-magistrat?”
The magistrate should have ordered his arrest and confiscation of the pendrive.
The pendrive allegedly contained illegal pornographic material with the potential to be used for a criminal act – blackmail.
Jurisprudence is all alchemy to me. Is there anything similar to subpoena in Maltese law?
The way I see it, the pen drive contained material that was illegally obtained (breaking into other people’s homes and accessing their private photos is illegal) and therefore should have been part of the evidence in the case, and therefore the court should have seized it.
Or is there some form of ring-fence around evidence produced by the defendant during the trial itself?
Re subpoena yes.
The pen drive was dodgily enough presented in court by our Law Commissioner “as evidence”. The court ordered that it be given to the victim.
It crossed my mind that another lawyer also used blackmail as defensive tactic.
And according to Muscat “qal dak li hass, dak id-dnub li ghamel”
https://www.youtube.com/watch?v=7esgGvlsXZg#t=118
“Il-poplu Malti jixraqlu ahjar.” – Joseph Muscat, before the general elections of 2013.
Did the Maltese public get a better deal with Joseph Muscat as prime minister?
No, it just got what it deserved.
Labour should sever all links with such people. They have no place in politics.
Agree.
Well said, Daphne.
It’s about time that the morally corrupt are separated from those who aren’t irrespective of political allegiance.
The same rotten apples end up getting circulated if the morally straight are undistinguishable from those infecting the barrel.
The 36,000 who moved to Labour had a justification in doing so, trivial perhaps to others but strong enough to themselves to move them and although I may not agree with their action I respect their choice.
If all those who felt their same way shifted too then the swing would have been far greater for there were many others who were extremely disappointed in the PN’s last years but chose to stay on perhaps seeing the bigger picture or remembering past consequences of Labour rule.
With the ugly Cyrus Engerer situation unfolding within the MLP it is probably time for those 36,000 who thought the grass greener on the other side, to come to terms with reality.
It will take courage for them to accept their mistake but I am sure that personal pride has no business in this matter and the joy of re-embracing true democracy will be their reward.
Is the use of blackmail and threats ethical? Is such behaviour by a lawyer considered compliant with the lawyers’ code of ethics?
It would be good if a journalist sends questions to the Chamber of Advocates, so that the public will be better informed.
[Daphne – Ethics have nothing to do with it. Threat and blackmail are crimes under the Criminal Code of Malta.]
Precisely! Where is the chamber of advocates? A lawyer has been a party to a blackmail attempt.
Cyrus Engerer has been commissioned into the regiment Suldati ta’ L-Azzar. I see that Muscat is moving with the times in his approach to gays in the military, and that it is no longer ‘don’t ask, don’t tell’.
In a bid to be all things to all people Labour welcomed those who, for good reason, were rejected by the Nationalist Party.
It is no wonder that the term ‘Labour skip’ resounds so well.
I’m sure that many real ‘Laburisti’ (despite their musguided loyalties) find this distasteful and their leader’s pandering to this individuals a slap to their face.
Daphne, this is a very valid argument that needs to ring home to Muscat.
Many of those who voted Labour wanted a new honest and humble administration, not a club of failing politicians with ego issues.
Cyrus ain’t the brightest bulb in many rooms. Debono has maturity issues. And that science head has problems keeping his pants on and does not know of the word fidelity.
When you write about our new humble non-protocol president I smile but in the end I find her harmless and it’s not bad having someone “different”. After all, the president is only a figurehead.
The serious problem with this country is Muscat’s ability to take one step forward and then one step backwards. I’m really on the fence about him. Ultimately he is really too immature to lead a nation and it’s the public’s fault for voting for him, and the Nationalist Party’s fault for falling out of favour in its recent governing years.
I sure hope they have learnt their lesson in a hard permanent way and will come out stronger than ever. They too have lessons to learn.
Malta is not in a good place at the moment.
Can Dr. Debono be investigated by the Chamber of Advocates for actually threatening non verbally a key witness in the compilation of evidence?
[Daphne – A complaint has to be filed.]
Jo is too thick in the head to realize that Cyrus Engerer is a convicted criminal and is more of a liability than an asset to the PL. Hear what he has to say:
http://www.timesofmalta.com/articles/view/20140510/local/eu-presidential-candidate-martin-schulz-vows-to-make-migration-policy-a-priority.518445
I am quite alarmed at the prime minister’s response to a Labour Party candidate’s conviction for a serious criminal offence and his Law Commissioner’s involvement in this.
His behaviour and the manner with which he supported them shows utter contempt for the law.
It is one thing to acknowledge good sense in the candidate for withdrawing (as if there was anything else he could do) from the elections to shouting his praise.
But it shows the PM has no sense of justice, or compassion for victims, when he talks like that – but is only interested in supporting and rewarding those who work to maintain him in power.
I am saddened that not more honest people can see through him and see him for what he is – a bully who rules though fear, who is drunk on this power and position and who is either deluded or is dishonest about meritocracy, fairness and fair play.
He is surrounded by those with no sense of shame, who seem to be happy to have received an iced bun whether they are competent or not and then no matter how small this is (like children with a new toy) they will do anything they can to ensure it is not taken away from them.
How can a law student in her early twenties with no life experience be experienced or competent enough to sit on an adoption board? How can a lawyer with no experience in management (being on a town council is not management experience) or working in any health arena be competent at running a psychiatric hospital?
How can a soldier who has to be promoted four times in quick succession be competent or experienced enough to head the Armed Forces?
Suldat tal-azzar. Fi zmien ftit gimghat ohra suppost jilhaq Brigadier tal-azzar.
“This blackmail/threat attempt was made via his defence counsel at the end of the pre-trial stage (compilation of evidence) in the Magistrates Court.”
I always thought that an act of blackmail or threat, particularly when is being used in the course of finding the truth/justice in a Court case, is not simply abusive, but a criminal act.
Isn’t that the case?
[Daphne – Yes, it is.]
If so, then why has no action been taken against Engerer or Debono for blackmail?
I may be wrong but there is something which I am either missing or some things are fundamentally not tallying in the process.
PS: my sympathy goes to the victim in this case.
Thank you Daphne. I hope that justice prevails.
‘This blackmail/threat attempt was made via his defence counsel at the end of the pre-trial stage (compilation of evidence) in the Magistrates Court.’
One now begins to understand why the defence council (Franco Debono) in the original case insisted it should be held behind closed doors (‘bil-maghluq’)
Franco Debono was worried some reporter may home into the ‘blackmail’ part. Franco therefore brought up the excuse of ‘protecting the victim’ while at the same time he was blackmailing him.
Surely this issue deserves much more serious attention.
Cookies anyone?
Daphne, though I admit that I am not in agreement with most of your views and comments posted on this blog, I appreciate your last sentence..’decent people who voted Labour’.
It is not a nice feeling being sidelined after years of giving a valid contribution to the party for years just to make space for these wannabes who seem to be the only people Muscat is listening to. It hurts.
The ‘decent people who voted Labour’ feel offended by Muscat’s behaviour not because they’ve been sidelined but because his ‘new way of doing politics’ is so disgusting.
Daphne
Naqbel 100% mal kummenti tieghek dwar min ivvota PL…hit the nail on the head…il-Prim jaqbillu jqum u jintebah…nahseb inti tista tatih parir aqwa minn dawk l-erba imhuh daqs ta’ pizella li ghandu madwaru.
[Daphne – He’s not interested in doing the right thing. He’s interested in staying in power at all costs. He’s actually enjoying it.]
I have not read the judgement itself, but I wonder whether the attempted blackmail, involving a lawyer, was made known to the magistrate before passing judgement, a judgement that was convincingly overturned in the Appeal Court. This is too serious a matter to be ignored.
A clean bill of health to the Nationalsit Party under the able leadership of Dr Lawrence Gonzi that it really knew very well how to dispose of trash – out of the window the whole lot. Well done Gonzi PN on this one. Time is proving you irrevocably and firmly right.
Ma nafx għalfejn hawn Malta għadna nitbaqbqu għall-Politika meta l-politika qed turi biċ-ċar li id-direzjoni hija waħda. Żewġ partiti li jidhru opposti u fil-fatt mixjin dejjem fl-istess direzzjoni. Il-Burokrazija għadha kienet fi gvern preċedenti u għadha s’issa pjaqa fil-kustat taċ-ċittadin…iċ-ċittadin il-popolin iż-żgħir. Dawk li qabel kienu demokratiċi u soċjalisti issa saru europej biss u s-soċjaliżmu u d-demokrazija marru jindifnu. Fejn kienet id-demokrazija taħt gvern preċedenti jekk qas il-gvern ma kellu saħħa jagħmel li jaqbel għall-pajjiżu, Fejn kienet id-demokrazija fil-kontijiet tad-dawl u l-kjus biex tirranġa żball ta’ ħaddieħor u tispiċċa tagħmel tajjeb għalih int. Fejn kienet id-demokrazija meta nqabdu l-korruzjoniijiet tal-VAT u neguzjanti weħlu multi bla qafas ta’ prova , ġew mogħtija lura dawn il-flus ?….Le u meta nqata’ l-VAT fuq il-professjonisti. u mitt ħaġa oħra. Fejn hu s-soċjaliżmu taħt gvern preżenti meta qed jiġi offrut aktar lok għas-saħħa tal-barrani f’Malta, fejn hu s-soċjaliżmu meta ż-żgħir iħabbat il-bibien u jsibhom magħluqa. Il-politika spiċċat f’Malta, il-politika mietet mat-twelid tal-istilel.