A decision must be taken about Cyrus Engerer
Now that the Court of Appeal has handed down judgement against Cyrus Engerer and sentenced him to two years in prison, suspended for two years, both the Labour Party and the government must take a decision about him.
Engerer is a key activist in the party, wrote the biography of the party leader which was published and sold during the campaign, and fronts its LGBT causes, which it is now calling ‘civil rights’. He has a full-time job in the deputy prime minister’s secretariat, and also works as a consultant to the Civil Rights Minister, Helena Dalli.
No civil rights campaigner should go about with a criminal conviction for exacting vengeance on a former lover by stealing his personal photographs, in which he is naked and in compromising positions, and emailing them out anonymously to his former lover’s boss and office colleagues.
That kind of behaviour goes against the very spirit of civil rights and liberties. Indeed, I had written at the outset, when Engerer joined the Labour Party after being suspended from the Nationalist Party precisely because of this incident, which came to light when the police began their prosecution, that Labour should not have taken him on regardless of the outcome of the prosecution.
Engerer never denied taking those pictures or sending them out. He just refused to confirm that he did, as is his right under the law. Yet he confirmed it indirectly when – and this part of Judge Mallia’s judgement was news to me – he met his victim and tried to blackmail him into dropping the charges by saying that he had more pictures which were even worse, and that he would reveal them. He then showed his victim a pendrive on which, he said, the pictures were loaded.
This was not a domestic dispute between a quarrelling couple, and should not be seen as such. This was a criminal act of vindictiveness, involving stealth, theft of images and plotting, and which drew in several third parties to whom the pictures were sent.
We don’t yet have a specific law on cyber-bullying, but this was, in effect, exactly what it was: the use of the internet to spread private, highly compromising pictures of somebody who you wish to damage, generally out of a need to seek revenge. Yet quite oddly, or perhaps not, Jeffrey Pullicino Orlando – who launched a campaign against cyber-bullying when photographs showing him at a Rabat pastizzi bar at 5am without his wife were published on the internet – has not rushed to release a statement about this judgement.
Judge Michael Mallia, who delivered the judgement, said that he could not understand how the magistrates’ court acquitted Cyrus Engerer and he also pointedly said that the police were correct to act as and when they did.
Engerer tries to make it seem that a special case was made of him, but that is not so. A few months ago, the court sentenced a man to a year in prison, suspended for one year, for uploading a photograph of his ex wife on a ‘women seeking men’ site, along with her mobile phone number and a message asking men to ring her for a good time and sexual services.
Engerer and the Labour Party had made a great deal of fuss about his prosecution being a vengeful one for political reasons. In reality – and this fundamental fact was obscured by the propaganda – the police began prosecuting when Engerer was still a member of the Nationalist Party, a fairly prominent activist of that party, and a PN councillor for Sliema.
He joined the Labour Party after the prosecution began, when the Nationalist Party suspended him after discovering what was going on, Engerer having failed to inform his political bosses himself. It was also significant that Franco Debono, who was a Nationalist MP at the time, was his lawyer, having seen no conflict in taking up the brief and using lawyer-client confidentiality as an excuse for not informing his political bosses either.
There is no scope for gloating or jeering about this case. It would be wrong. The consequences of Engerer’s decisions have not been bad only for his victim. They have been bad for him. But that does not mean there is no political responsibility to be shouldered.
I do not think that Engerer is the sort who will resign from his job with the deputy prime minister or his consultancy with the Civil Liberties Minister to save his political masters from embarrassment. Nor do I think he will step away from the Labour Party and withdraw his EP election candidacy.
I will not comment on whether he should be permitted to retain his job in the deputy prime minister’s office – it is up to Louis Grech to decide whether he’s worth the embarrassment. Clearly, he thinks so, which is why he accepted him in the first place even with that hanging over him.
But surely the Labour Party is not thinking of allowing him to carry on campaigning on its ticket for the European Parliament elections. That would be one step too far. The grounds for his deselection are not that he requires further punishment. But surely a serious political party cannot have on its candidates list, or send to the European Parliament in its name, somebody who is currently serving a suspended prison sentence, more so one for a crime of that particular nature.
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You are absolutely right. But like everything else that the Labour government finds inconvenient, it will just ignore it.
For me, this is the worst part of the whole affair. He continued to insist in wrongdoing even in court.
“In its judgement, the court said it could not ignore Mr Engerer’s threats to the victim to stop the case to prevent other shameful things from being uncovered.
He implemented the threat at the end of the compilation of evidence when the defence exhibited a pen drive which allegedly included footage about the victim gathered by Mr Engerer.”
http://www.timesofmalta.com/articles/view/20140508/local/update-3-pn-reacts-as-cyrus-engerer-gets-suspended-jail-term-court-points-to-ep-candidates-threats-to-victim.518214
We need to get used to the phrase “Convicted criminal and Labour party candidate Cyrus Engerer”, and use it. The first part of that phrase will be true for ever.
oh, given the way people think and vote in this country, the phrase we’d better get used to is actually “Convicted criminal and Labour MEP Cyrus Engerer.”
That’s why he feels at home in the PL
For ‘normal’ employees in the public service, such a conviction would mean an immediate termination of employment. Fullstop.
Not for all civil service employees, I believe this makes for a perfect PQ.
From the Public Service Management Code:
10.4.4 DISCIPLINARY ACTION AFTER CONVICTION ON CRIMINAL CHARGE
10.4.4.1 If a public officer has been found guilty of a criminal charge, the findings of the Court on such charge shall be referred by the Head of Department to the Commission.
10.4.4.2 The Commission, after considering the findings of the Court, and of the Court of Appeal, if any, the nature of the misconduct and whether such misconduct has a direct or indirect relation to the duties of the officer concerned, shall make a recommendation to the Prime Minister as to the penalty, if any, to be imposed.
Provided that if the Commission considers that the appropriate penalty following conviction on a criminal charge shall be dismissal or a warning of dismissal or the forfeiture of any salary, in whole or in part, withheld during any period of suspension or interdiction, it shall inform the officer of his right to make written representations to the Commission within a period of ten working days from such notification and the Commission shall consider such representations and may give the officer the opportunity of an oral hearing before making a recommendation to the Prime Minister.
If that is the case, then anyone whose job was terminated from the public service because of such a conviction could claim discrimination.
Consultant on equality sabih.
http://www.independent.com.mt/articles/2014-05-08/news/pm-shot-himself-in-the-foot-pn-on-engerer-sentence-4907302912/
http://www.timesofmalta.com/articles/view/20140508/local/update-3-pn-reacts-as-cyrus-engerer-gets-suspended-jail-term-court-points-to-ep-candidates-threats-to-victim.518214
I bet Joseph will have no choice but to keep him in, well knowing that once a black mailer always a blackmailer, and by this time Cyrus has been long enough in the Labour Party to know enough to have his boss by the balls.
I would like to point out that, as a gay man myself, I never at any point felt represented by this person. I also know that I am not alone.
I also hope that MGRM distance themselves in some way from Mr Engerer, as it does not in any way serve them to “forgive and forget”.
This is why the PN has always been a better voice for civil liberties. Not only because they actually brought them to Malta in the first place, but also because they have given us perfect examples of how you can be part of a minority and still do well.
Karl Gouder was a perfect role model for young gay men and women alike, who showed the country that gay people can be mature and responsible adults and hold down a serious job and be taken seriously. He was the first openly gay member of parliament and did a fantastic job.
David Casa is also a great example. He is a member of the European Parliament, a successful individual who can argue a point properly and can be depended upon.
Really, these two men are remarkable not just because of what they have achieved in their lives so far and not only because they were members of the PN – proof of where the real liberals are. In all fairness they won my respect purely because they knew how to tie a tie and wore suits.
That may seem small to some people, but a lot of those who tried to get involved in pushing for gay rights in Malta would usually show up to speak to an MP wearing jeans and flowery t-shirts even though they had been advised to do otherwise, screaming and shouting and showing scant respect for the people they were supposed to be trying to win over.
These people, although perhaps their intentions were good, were the biggest problem facing gay rights in Malta.
And I say perhaps because I can’t help but think that many of them were in it for their own vanity and not for the cause itself.
Now we have this. Mr Engerer committing a crime like this and so far no indication from anywhere of what will become of him with regards to his job because the PL has a habit of being OK with people like Cyrus. That’s why people like Cyrus join the PL; no one else will have them and they know it.
Please can we have some proper clear-thinking people representing gay rights in Malta? And none of these double standards either. When you represent one minority you are also in some way standing up for other minorities too. You can’t ask for equal rights for LGBT citizens and then say nothing about push-backs of asylum seekers.
Prosit, well said.
Cyrus is scheming and treacherous and were he straight he would still be the slimy person he is because that is his makeup.
He has used being gay and conjured victimization for his own ends and I am pleased that many of those he pretends to speak on behalf of are seeing through him for he will use them as he has done to so many others, my friend Karl Gouder included.
Like you I hope that MGRM distance themselves from him because he honestly never helped their cause still less will he now.
This judgement confirms that Engerer fits the MLP like a glove.
Perfect credentials for the PL skip …..
I think common decency requires that Cyrus Engerer withdraws from the EP election. If not the Labour Party should step in and suspend him as this candidate now tarnishes the PL image and is a liability.
What if another case surfaces?
What if he is found guilty? In that case the suspension of this case ceases and he will face going to prison for two years.
A suspended sentence is after all a prison sentence that is frozen on a specific condition but it is still to all intents and purposes a prison sentence.
Now if the PL is happy to live with that so be it but it will be treading on thin ice because it is likely that this may not be an isolated case.
Snakes of the likes of Cyrus do not err once in their lifetime.
There should have been no suspended sentence because what he did to his ex lover was awful.
I do not think that Labour will quit with Cyrus. On the contrary, they will plough on. They are never on the right side of history.
They will hide behind the changes to the MEP elections law. They will say there is nothing illegal in his contesting the MEP elections.
Then they will announce the next civil rights reform after the decriminalisation of drugs and nudist beaches: free pornography for everyone. Its champion? Cyrus Engerer.
[Daphne – This isn’t really about porn, though, is it. It’s about a crime committed against a former lover.]
And another thing.
How can Labour drop Cyrus now?
He has probably seen enough of their compromising pictures and uploaded enough of them onto pen drives to be able to threaten them into extinction.
“This isn’t really about porn, though, is it. It’s about a crime committed against a former lover.”
Sure. And Labour’s retort to that one will be “all is fair in love and war.”
As of today Cyrus Engerer is definitely going to lose his popularity among Labour supporters.
Serves him, Joseph Muscat and the Labour Party right. Opportunists deserve no better.
https://www.facebook.com/cyrus.engerer?fref=ts
“Wara is sentenza tal lum mil qorti imissek twarab il kanditatura tieghek.Mur stahba u tidierx fil pubbliku”
[Daphne – Oh I doubt it. Look at the other comments from his supporters, who think that this is all the evil PN’s doing. You know, they must have bribed the Appeals Court judge and even when in Opposition ‘jaslu ghal kollox’.]
“To describe him as a first-class opportunist would be too kind. ”
Saviour Balzan about Cyrus Engerer.
http://www.maltatoday.com.mt/comment/blogs/36723/stuff_their_mouths_with_gold
I agree. The supporters are already standing up for him and cheering him on because, you know, they don’t want to come across as judgmental.
At the time I posted my comment here most of the comments posted in Engerer’s defence were by the Ghirxi woman, and perhaps a couple of others – now there are more.
While always keeping in mind that the level of ignorance of rabid Labour supporters must never be underestimated I still believe (or hope?) that there may be a number of moderate ones who do not feel at all comfortable with the situation as it is.
We now wait with bated breath for a statement from the Labour Party.
The UK Guidance for Candidates and Agents for European Parliamentary Elections is extremely clear.
One is disqualified if one is detained in prison for more than a year (a suspended sentence is in effect a prison sentence).
According to British law offenders are legally obliged to declare a conviction when asked, until it becomes “spent”: currently this takes seven years for sentences of up to six months and a decade for sentences of up to 2.5 years.
Moreover it can also be impossible to visit countries such as the United States and Australia because visas may not be offered to people with convictions. Should Cyrus be elected this may become an impairment to his duties.
There are so many valid reasons for the PL to deselect Cyrus Engerer if they know what’s good for them.
Thoroughly loathsome and decrepit.
I expect him to be PM in 15 years time.
The legal system should change. Why should a person in judgment overrule another person in judgment? All appeal courts should be constituted by at least three judges.
David, instead of passing general comments on procedural law, you should read the judgements and make up your own mind whether there was sufficient evidence to convict.
The evidence is so damning that, had the Appeal Court confirmed the judgement of the Magistrates’ Court, it would have perpetrated an injustice on a huge number of people who have been convicted on much weaker evidence.
“Mr Engerer was not present for the Labour Party’s activity in Gozo this evening. He also did not attend a seminar for MEP candidates hosted by the MUT.
Prime Minister Joseph Muscat, who spoke at a political event in Xewkija, made no reference to the case.”
– Times of Malta
Muscat is morally corrupt. He cannot claim that he was ignorant of the facts. The man wasn’t content with winning the election.
He wanted a landslide of unprecedented proportions.
If the switchers can find it in themselves to condone the Prime Minister’s action then truly the country has gone to the dogs.
At last. He is revealed for the scum that he really is.
And this all reminds me … whatever happened to his collegue and fellow council turncoat, Nikki Dimech?
Besides Parliament recently unanimously changed the law so that persons punished with a suspended sentence can vote and be candidates in elections. So should political parties change tack again?
The law was changed to allow people with suspended sentences to run for office (http://justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=25980&l=1). If my understanding of the document is correct, the amendment was dated March 2014.
In my books, this further damages the reputation of our country, its representatives and its citizens. It also demonstrates that Muscat has absolutely no respect for the EU. How does Muscat expect the EU to take Malta seriously if he allows people like Engerer to run for the EP?
Muscat clearly feels at home associating with convicted criminals and alleged fraudsters.
Would the EU be obliged to accept Cyrus Engerer as MEP?
Was the change to the law in alignment with EU spirit and practice?
How far is Muscat going to be prepared to go try to prove that his choice of Engerer was not catastrophic and disastrous?
Or has this lemon been squeezed enough and already given his pre-calculated full worth?
Was this why Muscat couldn’t afford to wait for ANY discussion or separation of issues on the all-in-one civil unions gay adoption?
All those jibes by Muscat look VERY different from this angle. Calculated exploitation of every little detail.
When time was/ is the only factor that will make a difference in the space allocated, Muscat sought/ seeks to pre-empt it.
How evil to know that time was short BECAUSE Cyrus is guilty and to warp events on the basis of the evident outcome.
Expiry date assessment: Tick.
I see we’re into the leggi ad personam phase.
Justice reform.
He would be denied entry ino the USA.
He will lay low for 2 years, and in 2016 he will be appointed something cushy… by that time, the infamous marmalja Laburista would have forgotten.
The Engerer case is just one more pointer to the fact that Joseph Muscat’s new way of doing politics is inspired by the Marx/Engels/Lenin/Stalin theories.
They were not out to improve society but to destroy; destroy whatever they considered an obstacle to their own personal advancement.
Their writings, including personal correspondence with friends, reveal their desire to destroy religions, systems of government, aristocracy, and goodness itself.
They wanted to overthrow God from his throne and replace him with . . . THEMSELVES.
To achieve that aim, they regarded everything as fair: lies, deceit, fraud, terror, blackmail, liquidation of all considered as enemies or rivals…