Consuelo Herrera case today
I would be lying if I said I did not suspect at the outset that Consuelo Herrera’s personality, which combines bullying arrogance and unjustified supreme self-assurance with very limited intelligence, would ultimately be her undoing in this case.
The interesting thing – but perhaps this is precisely because of that very same combination of negative qualities – is that she couldn’t predict at the outset that the intimidation tactics she uses with so many of those around her were most unlikely to work with me.
All those with a bit of intelligence and who also know me would have worked out that bullying and intimidation are more likely to galvanise me into facing the aggressor down.
Four police officers at my gate waiting for me to return home at 1.30am. Squads of policemen coming and going and blaring their sirens outside my home. A four-hour interrogation under arrest while my ISP host is cornered and told that unless he releases to the police the registration details of my website, I would be kept under arrest at Police HQ.
Her friends at Super One following me and members of my family with their cameras and their vicious stupidities. Her friends Ronnie Pellegrini and Jason Micallef and Charlon Gouder crowding into court to support her, then going off to use the Labour Party propaganda machine to malign me.
And then, of course, there was what was perhaps the most shocking thing of all: the way Consuelo Herrera did not file her complaint with the police before her former lover, Police Superintendent Dominic Micallef, with whom she had a five-year secret adulterous affair, had retrieved from their hidden location with a third party a sack of incriminating and embarrassing letters which he had written to her and which she had placed with that third party so as to conceal them from her husband.
Imagine that: a police superintendent and a magistrate, colluding to hide evidence which they thought I might use in my defence, and after the evidence is retrieved and concealed by them, she files a formal complaint with….yes, the police.
If this is the sort of thing that can happen to somebody as high profile as I am, and under a Nationalist administration, one wonders what is happening to the little man, and one wonders with dread how people like this Labour woman and her policemen friends will behave once her brother is minister of justice and her friend Joseph Muscat is prime minister.
Disgusting. Be assured that I am not going to let this matter rest here.
People seem to think that I could have insisted that the case continues, despite her request to the police that the charges be dropped. No, I can’t do that.
The most I can do is ask for a judgement, and I have no interest in asking for a judgement before my many witnesses are heard, and they can’t be heard now.
That’s the reason Magistrate Herrera was determined to stop the case. She saw my list of witnesses and it finally dawned on her, two years too late, what the inevitable outcome of this case would be: a whole procession of witnesses interrogated about her and their dealings with her, and things reported in the newspapers that she would rather have kept concealed.
Had she been slightly bright, she would have worked this out at the beginning. She herself had no witnesses to speak of, not even her lover Musumeci, who was particularly keen to be kept out of the case. I, on the other hand, was particularly keen to have him questioned on the witness stand about a variety of matters.
The truth is that Magistrate Herrera informed the court and the police that she had no interest in pursuing her complaint only after she saw my list of witnesses.
The reasons that she gave in her note to the court are just more damned lies, which she used as a face-saving excuse because she had to say something and she couldn’t say that it was because she wanted to prevent my witnesses taking the stand and this was the only way she could do it.
I hereby categorically deny that I ever retracted anything I had written.
Under oath in court, I reiterated everything I wrote about Magistrate Herrera on this website, produced evidence and detailed documentation, and even added more information that I had not written about, including the information about Superintendent Dominic Micallef and his conspiring with Magistrate Herrera to conceal evidence.
Contrary to the lie in her note to the court, I DID NOT ADMIT IN COURT THAT I HAD NOT VERIFIED THE FACTS BEFORE WRITING ABOUT HER. ON THE CONTRARY, I REITERATED EVERYTHING I HAD WRITTEN AND SAID THAT I WOULD BRING FORWARD A PROCESSION OF WITNESSES TO TESTIFY ABOUT THOSE FACTS.
Magistrate Herrera’s position is untenable. She has come out of this case in a far worse situation than she entered it, but to any person of reasonable intelligence, that much would have been obvious at the outset.
It is not only because she is of suspect character that Consuelo Herrera should not have been made a magistrate. It is mainly because she is stupid.
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What can one say after reading the splendid writing above. It deserves a golden frame. Having had a look at some of the witnesses that were lined up to testify, it was this that scared the daylights out of the Magistrate. And now one hopes that the courts will be cleaned of this “hmieg”
Let’s repeat that for the obtuse, shall we?
Magistrate Consuelo Scerri Herrera colluded with her (former?) lover Police Superintendent Dominic Micallef to hide evidence that a civilian could use in her own defence against criminal charges.
Yes. A magistrate colluded with a policeman in hiding evidence so that she could have her critic thrown in jail.
Did you hear that, James Tyrell? Or are you deaf and blind as well as nasty and obtuse?
VICTOR LAIVIERA, WHERE ARE YOU?
ATTENTION CONSUELO SCERRI HERRERA’S CHEERLEADERS.
When you speak or act in Consuelo Scerri Herrera’s favour, you are defending a magistrate who:
. lied in court on several occasions
. consorted with policemen socially, undermining the credibility of the justice system
. consorted with policement sexually, ditto
. defamed the much respected assistant commissioner Michael Cassar
. ruled in her lover’s brother’s favour in a case she should never have heard
. partied with several of the parties in cases before her
. partied with political figures, in and out of her own home
. gave publicity-seeking interviews to the media, in violation of her professed duties
. violated the code of ethics for members of the judiciary several times over
. colluded with a police superintendent to hide evidence that could be used by the defence in a criminal case she instigated herself
…wore a tiny denim skirt that made look like the back of a bus…apparently she took umbrage at the suggestion that she is not a spring chicken…I am not mocking your list but I am only pointing out that the Magistrate only objected to this description of her and nothing else. Makes one think that she does not have a good sense of judgement. All together now: really?
CORRECTION, LA REDOUTE:
“ruled in her lover’s brother’s favour whilst her husband was still in the dark about her having an extra-marital affair” is probably more like it.
The point is she should never have heard the case because of her connection with the accused’s brother. There was clearly a conflict of interest in that case. Even though her judgement was underpinned by references to the law, her motivation is suspect.
Daphne, why not do a re-run of all the articles published last year about her? She cannot take you to court again after she retracted her case, can she?
1.37pm. Still nothing on Saviour’s rag. Come on dude, be a sport and publish some ‘independent’ article about the magistrate’s untenable position after not contesting most of the allegations that came out in court.
A comment from her brother as a future minister of justice might also be appreciated.
Have a heart!! her brother is a really nice man – absolutely “bahbuh”
When I think that such a person is at the very heart of, using PL terminology, the circle within circles of people forming an integral part of the PL, I feel sick about the outlook of this country if ever the PL is elected to govern.
This is not the impression that is being given in the media.
First they write 5 paragraphs from her point of view each time saying you had admitted not verifying the details / facts then a small paragraph in the end with your reaction categorically saying that you never denied anything. I would like to point out two points which i would like you to comment on.
1) The whole issue is not about whether or not the magistrate is a drug addict, but about acceptable good conduct and behaviour by a magistrate. Just because the case was prematurely terminated does not mean that this issue was sufficiently discussed or even tackled.
2) The judiciary is the final loser in all this, because the public’s trust in the system has been eroded further. The situation is even more alarming when you consider that if Magistrate Herrera behaves like this now, what she can do with a Labour government. This is a real possibility in the coming months.
I read comments on timesofmalta.com’s comments board urging other readers to let the two of you iron out your grudges and fights in a mud pond, bu this is not about you and her as individuals, it’s about her as a magistrate and us as the public, I expect this matter to be given much more attention, even by the media.
[Daphne – Malta is full of really stupid people and particularly, full of pea-brained misogynists, so I wouldn’t bother. Just wake up every day thanking God you’re not a woman, that’s all. This place is the pits where women are concerned.]
The PL media obviously demonize you and cover up for her, but The Timeshas not investigated any of the real issues in the case probably because you are not one of the journalists and PN media have kept their distance because they don’t want to be shown as if they working closely with you,
Malta Today have nothing to say about this.
To quote you from above….’Disgusting. Be assured that I am not going to let this matter rest here’…..but then you go on to tell us what you can’t/won’t do, and not what you ARE going to do – not fair.
I see Tyrrell is in top form on the timesofmalta.com comments board again. He’s likened your ‘release’ as…’Just like setting free a wife beater, or an animal killer, or a person who attacks police officers in the execution of their duty or a hit and run driver…’.
[Daphne – I wouldn’t bother about him. He strikes me as being a bit of a rapist himself.]
Is the magiistrate going to be charged with perjury?
I bloody well hope so. Justice has to be seen to be done.
Well done. I admire your courage, determination and intelligence.
“If this is the sort of thing that can happen to somebody as high profile as I am, and under a Nationalist administration, one wonders what is happening to the little man, and one wonders with dread how people like this Labour woman and her policemen friends will behave once her brother is minister of justice and her friend Joseph Muscat is prime minister.”
This is for me the most worrying aspect of this sordid story. These people have already too much power now let alone under JM’s watch.
This is very very serious.
Your hammer, Daphne, lands squarely on Consuelo Herrera’s head.
Bravo.
Never have I been so proud of being Maltese living in this country of ours as today after reading what you wrote.
I have to admit that I have sometimes, actually many times, complained that our P.N.government is not what I expected it to be.
But the fact that thanks to our government we have such freedom to write and criticize persons who up to now were considered as unthouchables makes me realize that I am living in a free democratic country which is the envy of other countries who think that they are so superior to our little Malta.
[Daphne – Actually, Silvio, what I wrote is about the very opposite of what you say: that people who write about untouchables are subjected to the most horrendous intimidation and their lives are made hell by the police and the Labour Party propaganda machine. ]
Well done Daphine, you deserve it.
[Daphne – Silvio, the point is that I don’t deserve it. I live in an EU member state where there is supposed to be the separation of powers and freedom of expression. I do not deserve to be dragged through two years of hell for writing the truth about a scumbag of a magistrate.]
Hi Daphne,
Great news!
http://www.timesofmalta.com/articles/view/20111125/local/jpo-will-not-contest-forthcoming-election.395468
At last the party will be getting rid of him. Will he be joining the LP skip? They are welcome to him.
Jeffrey won’t contest the next election.
And now, this:
http://www.timesofmalta.com/…/jpo-will-not-contest-forthcoming-election
Is the timing a coincidence?
Congratulations to you, Daphne.
It’s a pity that your name is not Gianella and your lawyer’s name is not Manwel because we would have seen you going out of court with garlands of flowers around your neck.
Re Consi.
F’Malta tista persuna titressaq il qorti darbtejn fuq l istess haga?
[Daphne – Le.]
Jekk kif qed tghid int gidbed anke fin-nota tal-qorti, ma tistax titressaq mill-pulizija fuq din?
[Daphne – Le. Ma kienx hemm gurament, u ma taghmilx differenza lil-Qorti x’inhi r-raguni li tilfet interess fil-kawza.]
Il-parlament/president ta’ Malta ghandu s-sahha jkecciha jew iwaqqafha milli taqdi dmirha ta’ magistrat jekk hemm dawn il-konflitti kollha? Ghala ma sarx xejn.
[Daphne – Il-parlament biss jista jnehhi magistrat jew mhallef, u trid 2/3 tal-vot. Jigifieri hemm bzonn li z-zewg nahat tal-kamra jaqblu. Imma hija ovvja li fil-kaz ta’ Herrera, il-Partitu Laburista muhiex se jaqbel.]
Nahseb int l unika persuna f’Malta li hrigt ghonqok biex jintefa dawl fuq x qed jigri l-qorti. Prosit.
Ghandna bzonn hafna aktar nies bhalek.
Keep it up. Malta is indebted to you.
Daphne vs The Hindsight Skippers
Game, set, thrashing. A real “xkanatura” that they deserve.
Daphne, after you write such an article you hardly leave anything to add further.
Mr. President, the nation needs your help.
If this is happening now as you rightly said, much worse will happen if the Labour lot are voted in.
On the other hand, it is now that things must be taken in hand and justice be seen to be done.
No wonder the man in the street has no trust in our courts of justice.
Listen to how most people speak about the courts – I find it shocking but my eyes have been opened by what is happening in your case.
How are the Commission for the Administration of Justice and the minister for justice going to set things right?
Surely those lawyers and magistrates who are not corrupt should be clamouring for the weeding out of those who are letting the system down.
Shame Shame SHAME Resign
Off topic but HOT HOT HOT
It has been announced that Jeffrey Pullicino Orland will NOT be a candidate in the next election.
In accordance with the fact of things, how true it is.
With a Nationalist Party in government these people still find the ability to do that.
Try to conceive what will they do when their like will be in power. People take heed there is a lesson in all of this.
You’re absolutely correct. While I am delighted for you, it is hardly a victory for free speech in Malta.
I am grateful that you intend to take this further rather putting it to bed, which is what the magistrate was obviously hoping for.
In another country you would not have had to do this on your own but would have had someone like the American Civil Liberties Union standing by your side every step of the way.
A dog Latin phrase comes to mind, Daphne: Non illegitimi carborundum.
More good news
http://www.timesofmalta.com/articles/view/20111125/local/jpo-will-not-contest-forthcoming-election.395468
I admire your guts D! (and with an exclamation mark which I know you don’t like)
She has now confirmed to all and sundry that there are more of them in her cupboard then at the Addolorata cemetry.
Oops cemetery.
One of the allegations regarding Magistrate Consuelo Scerri Herrera was that she perjured herself while giving evidence.
Will action be taken against her, or is no authority able or willing to hold her accountable for her action?
It is very clear why she decided to halt the case and abrogate her chance to negate such damning accusations.
Is this allegation of a most serious criminal nature regarding a magistrate, together with other specific and detailed accusations of various despicable actions, to be swept under the carpet?
One assumes that all the members sitting on the Commission for the Administration of Justice are aware that in this case we are NOT just dealing with unethical behaviour or impropriety by a member of the magistracy.
Daphne, you aptly state ‘ … one wonders what is happening to the little man…’ if this is happening to you, who has the will and the power to describe it, and an audience to read it.
To boot, the little man now knows that when he goes to court he could be taking part in a game with dice loaded against him.
Alas now, in hindsight, I can understand better the many strange court decisions I was involved in, given by such a luminary in our judicial system.
What a shame. What mockery.
The demimonde is now a semimonde.
Joseph can balance the books, thanks to Gaddafi’s demise rendering his vassals redundant. .
Who needs Jeffrey when Marlene accepts a cabinet post alongside a muted Herrera?
I take my hat off to you, once again, Daphne.
Now, which MP is going to present a private member’s bill in Parliament demanding the removal of this magistrate? It needs to be done, regardless of the outcome.
Dr. Michael Gonzi, if you’re to hope for my vote again, I suggest you do it.
[Daphne – I agree with you, Tim, that it should be done regardless of the outcome. A motion for impeachment is a statement in itself.]
Agreed.
Franco Debono should do that. Given his tantrums over the need to reform the justice system, he could do something useful for a change.
Game, set and match !
Tghid meta sar jaf Joseph Muscat li sejjer jissejjah xhud baghadtilha xi email lil Consuelo?
This has been my stand since the beginning of the case – then I said that an impeachment motion was necessary – months ago
That’s a job for Franco Debono, would-be Minister for Justice and current dog-in-the-manger where justice affairs (no, not with policemen) are concerned.
In this pic she looks just like Hompesch surrendering to Napoleon.
Her honour should take the honourable way out and resign without any further ado..
Can a number of voters signing a protest get an impeachment motion tabled to parliament>? How many do we need?
[Daphne – Parliament is for MPs, Anton, not petitioners. The idea is that you vote for a representative and stick him in parliament to represent you, hence no need for petitions. So the answer is….no, obviously.]
You can petition your MP to act on your behalf. Why not give it a try, Anton? Check how many votes elected your MP and collect the same number of signatures in your electoral district.
Isn’t this a case of tampering with evidence? A magistrate and a police superintendent conspire to hide evidence that could potentially come out in the trial.
Can the Chief Justice, the President of Chamber or the Attorney General look the other way? This is a serious matter that threatens the foundations of our democracy.
Daphne, I hope you pursue this case all the way until the magistrate resigns.
A tasteofherownmedicine