Well, he would, wouldn’t he?
Labour MP Charles Mangion – who is not even a lawyer but a notary – rose in parliament in defence of Wenzu Mintoff and of the government’s decision to make him a judge.
Well, he would, wouldn’t he? Taghna lkoll and all that.
It would be inconceivable if a person were not permitted to become a judge because of his political beliefs, Mangion said, deliberately or disingenuously missing the point.
But it’s not about his political beliefs, Mr Mangion. It’s about his bitterness, his hatred of others on the basis of their political beliefs, the way he regards others as enemies of the Labour cause, his prejudice, his inability to be impartial, and his hdura.
There’s more. Under the Maltese Constitution and the European Convention on Human Rights to which Malta is a signatory, people have the right to a fair hearing in this country. This means that there is a list of people as long as Wenzu Mintoff’s arms and legs – possibly longer, because Judge Mintoff’s limbs are stubby – who have the right to have suits in which they are either the plaintiff or the defendant NOT to be heard by Judge Mintoff as he cannot in all good conscience be considered impartial towards them.
This is because he has written articles for KullHadd, L-Orizzont or the internet in which he has expressed himself vilely or contemptuously about them.
There is another list, equally long, of people whose presence in the case as plaintiff or defendant can be challenged by the other party on the basis that this plaintiff or defendant is a member or official of the Labour Party, one of its employees or politicians or closely associated thereto, and so there is a real risk that Judge Mintoff will not be impartial towards them, considering them favourably instead.
Now this is the crucial point: whether he will do that or will not do that is IRRELEVANT for the purposes of a guarantee of impartiality. A guarantee of impartiality means that the situation is not possible to begin with, and that it does not depend on the judge’s individual conscience, i.e. “He is a long-time member of, official of, employee of the Labour Party, used to edit its newspaper, and was also one of its members of parliament, but never mind all that, because when another Labour Party employee/official appears before him, he will not be predisposed favourably towards him or her.”
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http://www.independent.com.mt/articles/2014-07-17/news/charles-mangion-defends-wenzu-mintoff-appointment-as-judge-5872451586/
I believe that Toni Abela is still practising at court. Can you imagine him in a suit before Judge Mintoff? I wouldn’t want to be the other lawyer in the case.
Many people are asking for patience to wait and see how he’s going to conduct business. This is irrelevant. There is a thing called perception by which the PL in opposition used to swear by.
Also, if we had to take on Alfred Sant’s reasoning, we can safely say that ‘we are morally convinced’ that he will not do a good job.
Sweet, ejja naharqu erbgha kazi u fuq min tigi jkun sultan, mbaghad naraw.
Can you imagine a libel suit against Saviour Balzan being heard by Wenzu Mintoff with Toni Abela as Balzan’s lawyer?
He felt pressed to put particular emphasis on impartiality, fairness and wotsits this morning.
If that’s not a disclaimer.
I would like to know WHY he (Judge Mintoff) was chosen? What’s hidden behind this story?
It is a ‘We are so sorry for what Lorry Sant’ did to you.
Is the present Chief Justice about to be retired or retire?
Charles Mangion does not seem to know that justice must not only be done but it has to be seen to be done.
What confidence can any person who has read Wenzu Minoff’s rantings and ravings in the Labour Party and GWU press have that he can ever be impartial?
I am dying to know what cases he will be handling.
Most certainly, he will have constitutional cases since, by default, judges preside over the First Hall which can also take cognizance (when it is exercising its constitutional jurisdiction) of constitutional ( inter alia, human rights violations) cases.
Do we have to hold our breath and start counting the appeals from his judgements?.
And what has the Commission for the Administration of Justice got to say about this latest appointment? It seems that only the PN has lost its voice but every other serious organisation.
The Police are a joke and the judicial system in the direction it is going should now be cause for political asylum abroad.