Because they were scared of the magistrate or bullied by her, the police broke the rules of service – twice
We don't all like having police turn up at our house at night. And in my case, it's against the law.
The law lays down that the police are not permitted to serve people with papers between sunset and sunrise.
I knew this, and that is why I was furious when I returned home at 1.30am one night last month to find two police officers and a police car at my gate ready to foist on me a summons for interrogation that same morning at 9am.
It was obvious that all the panic and urgency was because Magistrate Herrera was sitting on them and they were afraid of her. Since when are people served with summons for interrogation about defamation at 1.30am for 9am?
It’s not even done in murder or drug-dealing inquiries.
Then last night it happened again. The intercom went at 9pm and there was a very nervous, stammering policeman, embarrassed beyond measure. My husband told him that I wasn’t at home.
He was lucky he didn’t find me, because I would have done what I did last time: go out and tell him in a very loud voice (one has to stand far away, because if they touch you with the envelope, you’re served) that he’s breaking the law to keep the magistrate happy, and that if she filed her suit as an ordinary citizen she should be treated like one.
Note to the police: if you come again tonight, I shall be forced to file an official complaint with the Police Commissioner.
Enough of this abuse. Have the guts to tell the magistrate where to stick it.
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Prosit! …nothing to add …and thanks for educating us on such technicalities.
Grazzi
It’s horrifically similar to the might-is-right tactics used in the darkest days of the 70s and 80s.
….and this when they are in the opposition – can just imagine what they will do when and if in power.
The only difference is that these are the golden years of Gonzi
YOU DO NOT WALK ALONE.
They really must be under pressure. It’s glaringly obvious what (or, rather, who) the police are afraid of. But what is Magistrate Herrera afraid of? That too many questions will be asked about these cases she’s hearing, all of which involve friends?
Reference 323/2005
Court Of Magistrates (Civil) – Malta – Magistrate Consuelo Pilar Scerri Herrera
Names Arrigo Onorevoli Robert Pro Et Noe vs Farrugia Lino Pro Et Noe
Reference 224/2007
Court Of Magistrates (Civil) – Malta – Magistrate Consuelo Pilar Scerri Herrera
Names Mugliett Jesmond Perit vs Zrinzo Azzopardi Stefan Avukat
Reference 386/2007
Court Of Magistrates (Civil) – Malta – Magistrate Consuelo Pilar Scerri Herrera
Names Mugliett Jesmond Perit vs Sant Alfred
Reference 98/2008
Court Of Magistrates (Civil) – Malta
Names Avv Fenech Peter vs Dalli Miriam Et
224/2007
Court Of Magistrates (Civil) – Malta
Names Mugliett Jesmond Perit vs Zrinzo Azzopardi Stefan Avukat
Lawyer Fenech Peter
225/2007
Court Of Magistrates (Civil) – Malta
Names Mugliett Jesmond Perit vs Dalli Miriam Et
Lawyer Fenech Peter
Reference 266/2007
Court Of Magistrates (Civil) – Malta
Names Zammit Anthony Sive Ninu Hon. vs Micallef Jason
Lawyer Tanti Dougall Michael – Lia Pawlu
Imnalla farfrett dawk iz-zewg kawzi tal-libell fejn kienu indahhla hbiebha u Daphne.
@La Redoute
Add this one to your permanent list when reminding us. Din l’isbah wahda ghallija.
http://daphnecaruanagalizia.com/2010/03/10/this-is-the-policeman-who-sent-drinks-to-consuelo-and-with-whom-she-left-the-restaurant/
http://daphnecaruanagalizia.com/2010/03/10/would-you-buy-a-used-flat-from-this-man/
The case is still on-going. After almost 4 years. Under house arrest. For 4 years.
Did I forget to say 4 years ?
How is he holding down a job with a property company while under house arrest?
I though house arrest meant exactly that – being confined to your home, rather than in prison.
Is this the property consultant (mentioned at the bottom of the news item, since he’s not in the photo)?
http://www.timesofmalta.com/articles/view/20080413/business/remax-malta-sales-targets-exceeded-for-fourth-year
If he is, then he must have been out and about quite a bit to earn himself a “top performer” award.
Yes. His contact details on the Remax website have recently been removed.
It looks like they’re still on the cached version http://209.85.129.132/search?q=cache:EzU2Z1T3vRAJ:www.remax-malta.com/AgentProfile.aspx%3FAgentID%3D240061006+patrick+spiteri+remax&cd=1&hl=mt&ct=clnk&gl=mt
Can someone tell us how a case is assigned to a magistrate? Who decides which magistrate hears which case?
[Daphne – They’re drawn by lot. Magistrate Herrera happens to have lots of case involving media people because she is one of a few magistrates who handle libel suits.]
God Almighty – do all these prominent people spend their life sqabbling in court?
Possibly, the one that bothers her most is that concerning Carmelo Galea, the Gozo lawyer and developer with whom she was involved in a property in Lija, and who named her as a friend when asked why he signed a proxy letter allowing her to act on his behalf.
Reference 14/2007
Court of voluntary jurisdiction (Civil), Gozo
Names Buttigieg John vs Galea Carmelo
Lawyer Anton Refalo
“Have the guts to tell the magistrate where to stick it.”
Oh dear. That’s what caused all the trouble for the police in the first place.
I imagine this Superintendent Dominic Micallef could furnish a few colourful details.
“Have the guts to tell the magistrate where to stick it.”
La Redoute…or perhaps ‘asking the magistrate…’?
Or maybe it’s this one, featuring Superintendent Dominic Micallef for the prosecution and the magistrate’s lawyer’s partner, Joseph Giglio.
http://www2.justice.gov.mt/kawzi/ccm_parties.asp?FrmCM=189715&lng=ENG
318/2005
Court of magistrates (Civil)
Names Rizzo John vs Briffa Alfred Et
Lawyer Joseph Giglio
Meta ssejhet il-kawza deher lis-Spettur Dominic Micallef ghall-attur u Dr. Joseph Giglio;
Il-konvenut ma deherx u lanqas l-avukat difensur;
Il-kawza differita ghall-11 t’ Ottubru 2007 fid-09:00 a.m. ghall-ahhar darba provi tal-konvenut, fin-nuqqas tithalla ghas-sentenza.
Charles Stivala
Dep. Reg.
Dawn veru oxxenitajiet kbar!
There are still police officers who are following in the footsteps of Anglu Farrugia who had this habit of arresting people about trivial things at all hours of the night.
Do you mean Anglu Farrugia, Deputy Leader of the Labour Party, and fiercely in competition with Jose’ Herrera for the post of Minister of Justice in a Labour government?
Here he is, in a now famous picture, the most popular one on his outdated website.
http://www.anglufarrugia.com/modules/xcgal2/displayimage.php?pid=5&album=random&cat=3&pos=-5
Liem wiehed hu Anglu fir-ritratt?
Which one is the elephant?
Very surprised that it is not a white elephant.
Anglu Farrugia has the mindset of an Inspector who can’t get promoted.
Now finally, he got the promotion he had been expecting since 1998.
Now he’s expecting the coronation of a long career by becoming Deputy Prime Minister.
Anglu Farrugia’s image is of a low-IQ, high-ambition person: the mix which produces scourges.
Tell the magistrate that in a democratic country NOBODY has the law in his/her hands! Enough said.
“Tell the magistrate”
Magistrates are well aware of the law. It is one of the requirements for being appointed to the bench.
They use or abuse their power at their own discretion. This one clearly has gone much, much too far.
She’s utterly shameless.
What if they throw it at you, Daphne? Does it still count? What if they use a fishing pole, and lower it down on your head as you come out the house? Tipo bhal Sylvester and Tweety?
http://www.cartoongallery.com/Webstore/images/P/SC1063.jpg
Kif ghidt inti, imma il-veru tal- jaqq dan-nies.
Is anyone keeping track of how much time and money this magistrate’s harassment is costing the taxpayer?
Which obviously does not include her salary and perks paid out of public funds. U joqghodu jghidu fuq id-dawl u ilma. Ahjar jaraw naqra dawl.
And they are still in opposition – imagine, just imagine if they are in power.
They are gearing up for it.
How can you manage to yell (or talk in a very loud voice) to a policeman? Normally they would be yelling ‘b’hangra’ at me.
Strategically speaking, I think you should seriously consider standing for the next elections with the PN as this may be your best bet of gaining some form of immunity from the various legal mechanisms your nemesis can bring to bear over the next few years.
They say that “revenge is best served cold” so it may be quite some time before you can afford to relax.
Besides this angle of course, you seem to me to be an ideal candidate in terms of both your outspokenness and intelligence. A political career would serve to maximise your strengths (solid communication skills, clear thinking, determination, sense of justice and love of country) whilst shoring up any weaknesses resulting from your latest initiative (a major one indeed compared to your past “outings”)
In a way you bring to mind a younger and certainly more attractive version of Austin Gatt!
I am sure many would vote for you. I know I would. Unfortunately I am from the South so this is unlikely. Still Gonzi can do far worse than pick you. Good luck – and try not to leave any stone unturned !
You could call former inspector Patrick Spiteri to find you a house in a district of your choice, unless he is busy impersonating Michael Cassar.
This Patrick Spiteri? http://209.85.129.132/search?q=cache:EzU2Z1T3vRAJ:www.remax-malta.com/AgentProfile.aspx%3FAgentID%3D240061006+patrick+spiteri+remax&cd=1&hl=mt&ct=clnk&gl=mt
Yes.
And this is the magistrate who accepted inspector Patrick Spiteri’s drinks at Da Pippo and then left the restaurant in his company, a fact she did not deny in court, except she claimed it was Assistant Commission Michael Cassar.
Next thing we know, Spiteri’s wanted for extortion and the theft of a firearm from the police station and he pops up in a courtroom presided over by – you’ve guessed it – Magistrate Consuelo Pilar Scerri Herrera.
http://www.mjha.gov.mt/justice/judpages/images/cscerriherrera.jpg
Splendid idea Galahan II
“sitting on them” ay? My heart bleeds for the poor dears…
I bet the police are waiting eagerly for 28th March when we change to summer time, and then they will have one more hour at their disposal before sunset to serve you with the blessed papers.
That won’t make a difference. The police don’t bother about sunset or sunrise when magistrate Herrera’s on their backs, as they’ve proven in this case.
The more we change the more we stay the same – being in the eu or outside eu – make no difference
Daphne. The above is not me.
[Daphne – I know.]
How about emigrating to Afghanistan then!
XII.
God Guides Us, or say they say
Yet they know not right from wrong:
To please the Pillar, afraid of her tactics
After sundown you hear “ding dong”.
XIII.
When the Day of Judgment comes
The Day of Wrath, with no appeal:
The Pillar and Tick-Eyed Joe will see
How their destinies do seal.
XIV.
Thing of Everyone – Res Publica
Thing of the citizens all
The party-lover, the family-splitter
She has err’d, she must fall.
– Nostradamus, He-Who-Sharon-Is-Not. (And Neither Kevin.)
Lets face it people.
Nobody is going to impeach her or fire her.
She is in a position where little can be done, and that comes at a price too, min fuq.
Now I speak for myself – what I would like to see is Consuelo Scerri Herrera never deciding a court case ever again.
If that means having to keep on paying her salary till she retires, I really don’t care if part of my taxes goes towards that.
For now, that is the best we can expect, and there is nothing anyone can do about it. I can live with that, so long as she never approaches the law courts again unless she is a party in a case.
BUT I would, at the same time, also expect a VERY serious review of the workings / appointments of our Judicial System, as well as its internal policies.
These policies are in the public interest, but they currently seem to be controlled under a strict rule of Omerta.
THIS is what must change. Quickly.
The first step, now, is for Consuel Scerri Herrera’s peers to put a stop to her sitting in on any case.
She does not deserve the respect such a position commands.
Promiscuity gives married women more power than it does married men in our society. Primarily the power to blackmail.
I do not know exactly why it should be so, but it is so in my humble opinion. The reason could be that promiscuous married women have already broken up with their legal partner while the males are doing it all on the side and still going to Sunday mass and esercizzi spiritwali with their wives. Cowards! Can anybody please illuminate me? I am always ready to learn.
You need to ask an insider how it works. Perhaps the magistrate could oblige.
“Promiscuity gives married women more power than it does married men in our society. Primarily the power to blackmail.”
Worse still – if one is, for example, a magistrate and especially if the man is a policeman – is putting oneself in a position where one can be blackmailed, risking (apart from everything else) the ability to carrying out one’s work/duty totally unhindered.
XV.
Tick-Eye Joe, son of the Judge, the brother
And the Elephant Angel from behind the hills
Vie for the post of Justice Minister:
The people in blinded by utility bills.
XVI.
Blue flag with yellow stars flies high on the Palace
The Great Leader at the Capital for Meetings
The Island of the Knights in the hands of the Angel:
God-Guides-Us worldview, Sheep bleating.
XVII.
The Great Leader is Prince of the Land
Angel the Elephant his Deputy
Tick-Eyed Joe Minister, Pillar Judge:
And even higher bills of utility.
A jester, a clown, a poet, bound
In one, all three and more;
Fame sought, but never found;
Solace at last, as this blog’s bore.
Advertising your services, Kev?
ma va la kevin
Wiccha u l-ghatba tal-qorti l-istess.
You can’t keep a good one down.
http://news.bbc.co.uk/sport2/hi/other_sports/horse_racing/8563100.stm
Akbar Zib is back, in the English version.
Hallina minn Cheltenham, siehbi. Focus the vibe on OT. Big day, Sunday.
Indeed. Some scores to settle there.
Article
SmartCity sponsors 20th Malta Journalism Awards
17 March 2010
SmartCity Malta has renewed its sponsorship for the 20th Malta Journalism Awards – e-journalism Category, organised by the Institute of Maltese Journalists (IĠM). The presentation was made by Mr Fareed Abdulrahman, CEO SmartCity Malta, who spoke of the importance of the e-journalism award and SmartCity Malta’s commitment to the local knowledge-based sectors. Mr Malcolm J. Naudi, Chairman of the Institute of Maltese Journalists, received the sponsorship. He expressed the Institute’s gratitude to SmartCity Malta for its continued support of the e-journalism category of the Malta Journalism Awards. “The medium and content of e-journalism needs to be encouraged to ensure that the right standards are promoted and SmartCity’s contribution enables us to do this,” Mr Naudi said. The e-journalism category in the Malta Journalism Awards rewards e-journalists in Malta who strive hard to deliver correct information to an ever increasing number of online readers. The finalists of this category are due to be announced on 29 March.
——————————————————————————–
Hotmail: Free, trusted and rich email service. Get it now.
“The e-journalism category in the Malta Journalism Awards rewards e-journalists in Malta who strive hard to deliver correct information to an ever increasing number of online readers.”
Jekk hawn xi hadd li haqqu din l-award ghal e-journalism u high standards hija id-Daphne taghna – xi haga g-gieli nahseb, pero, li aktar ghandhu cans Glenn Beddingfield, specjament bl-iscoop li ghadhu kemm ghamel dwar il-laqa’ li Crawford kellu mal-prim ministru Gonzi.
Ma nafx kif Malcolm J Naudi ma stahax imur izzattat wiccu bil-quddiem biex jrcievi l-isponsorship.
XVIII.
Pairs of eyes in hundreds look at the sky
“Is it a desk?” “Is it a public means of transport?”
“No! It’s the Magistrate!” the Islanders shout
“She revels, she parties, that’s her sport.”
XIX.
Her father, the Judge, has other issue:
A boy, endowed with the Tittering Eye;
He befriends the Son of the Shark
Against the wall they put the Carbon.
XX.
Many plots of land fair and virgin
The Son of the Shark acquires:
The role of the Eye that Titters
The crowd now wants to enquire.
XXI.
The Son of the Shark, himself a Shark
Shows his teeth to the Carbon
The Carbon hides beneath the sheets
And cedes to the Shark land virgin and fair.
XXII.
The Son of the Shark drives a big car
Not for himself but for the Minister
Whom Silvery Lady wife of Great Leader
Assisted, in things good and sinister.
XXIII.
Fin above waterline, the Son of the Shark awaits
The utility bills will do their part
Great Leader will be Prince, permits granted:
Of how to grow rich they know the art.
OIKOS IS BACK ON SUPER ONE…….KIF MA JISTHIX JIDHER U JIZZATTAT.
Because he is independent and progressive.
il-veru intom mimlija valenu u valenu biss.
basta intom insara maltin NAZZIONALISTI.
Tony, qatt mort fuq is-sit http://www.maltastar.com?
Le, Toni, siehbi.
Dak li tizra’, tahsad.
Il-Magistrat zerghet rih, u issa qed tahsad riefnu.
Ghaliex ma gabitx ruhha sew? Min qabbadha taghmel dak li ghamlet?
Huha ghaliex jiddawwar bl-imbarazz kollu tal-Belt?
Ghaliex ghandhom ix-xehta tal-bulijiet?
Nassigurak li 95% tan-nies li jiktbu f’dal-blog, xorta jibqghu jiktbu kieku l-Magistrat kellha simpatiji Nazzjonalisti.
Din hi kwistjoni marbuta mal-imgiba tajba, mhux mal-partiti.
Iftah ghajnejk siehbi. Qed jghadduk biz-zmien.
Le ta’, mhux mal- imgieba tajba, izda mal- imgieba tajba KONFORMI mal- kariga pubblika li hi assumiet volonta taghha.
Jimpurtani biss x’ghamlet u x’maghmlitx ghax magistrata. Ghax kieku kont nigi nitmejjel. BIL-KBIR.
Sorry imma sakemm naf jien il-Pulizija taqa taht ir-responsabilta ta Karm u ma nafx fiex tidhol l-oppozizjoni! U Superintendent Dominic Micallef ukoll huwa prodott ta dan il-Gvern u l-istess ma nafx fiex tidhol l-oppozizjoni.
Ftakru haga hbieb li hafna ma jarawx il-kulur imma l-investiment taghhom ghal futur!
Fejnu l-valenu, Tony? Hawn m’hawnx min korna r-ragel mar-ragel ta’ haddiehor u mar jimxi mieghu sas-Salib tal-gholja wara li telaq il-mara u t-tarbija li kellhom.
U fil-Gimgha l-Kbira, ghal giehna.
“The germ of destruction of our nation
is in the power of the judiciary.
An irresponsible body –
working like gravity by night and by day,
gaining a little today and a little tomorrow,
and advancing its noiseless step
like a thief
over the field of jurisdiction,
until all shall render powerless
the checks of one branch over the other
and will become as venal and oppressive
as the government from which we separated.”
Thomas Jefferson, 1821
tony, diga ‘l-hdax ta bil-lejl. Isa pipi, pigama w sodda, ejja hej.
“When people are engaged in something they are not proud of, they do not welcome witnesses.
In fact, they come to believe the witness causes the trouble. ”
John Steinbeck
“Reason
He who will not,
is a bigot;
he who cannot,
is a fool;
and he who dares not,
is a slave.”
William Drummond
An inspiration to us all.. and let the silent revolution begin !
“I am only one, but I am one.
I can do something,
but I cannot do everything.
Just because I cannot do everything,
I will not refuse to do
the something that I can do.
What I can do,
I should do.
And what I should do,
by the grace of God,
I will do. ”
Edward Everett Hale
“Please don’t call me arrogant,
but I’m European champion
and I think I’m a special one.”
Jose Mourinho
The Piazza Regina coffee companions have opposing views.
One tries it on with the police and a protection order, the other writes on facebook.
John Bundy:
The right to be heard does not automatically include the right to be taken seriously. Bongu lilek u lil ta’hdejk.
18 hours ago · Comment · Like
BONGU JOHN you’ve said it THE RIGHT TO BE HEARD.
One of his friends appears not to have heard of that right. Perhaps he should enlighten her next time they shack up for refreshments.
allura milli qed jinghad hawn ifisser illi jekk ikollok xi kawza quddiem il CPSH trid toqghod tmur tiekol maghha, tmur tiehu il caffe maghha u imbghad tistiednek ghal party tal birthday taghha?
allura ha nghamel defamazjoni fuq xi hadt halli noqghod immur nintaqa maghha, imma zomm daqxejn, ahjar le ta ma jmurx jiehu ghaliek kermit ta nuccali abjad
Daphne bil-Pulizija wara l-bieb u Consuelo ghal cafe’ mall-Imhallef. U twanny jghidilna li l-PN qed jiddefendi lill-Daphne. Kif ma jisthux dawn in-nies! Min irid il-Pulizija wara daru?
Here’s yet another reason Malta’s favourite magistrate wants the blog shut down. She’s probably worried about too many questions being asked about the case of the lover, his brother, his wife and the picnic cooler.
http://daphnecaruanagalizia.com/2010/02/12/the-magistrate-the-magistrates-lover-the-lovers-brother-his-wife-and-the-melita-cable-kaxxa-and-the-picnic-cooler/
“We must remember that we have to make judges out of men, and that by being made judges their prejudices are not diminished and their intelligence is not increased”
Robert Green Ingersoll
These people are really pathetic. Keep up the good work Daphne.
No Daphne I do not agree. Please submit a complaint to Mr.John Rizzo.
“Note to the police: if you come again tonight, I shall be forced to file an official complaint with the Police Commissioner.
Enough of this abuse. Have the guts to tell the magistrate where to stick it.”
Well said! ..and thankyou for each smile you put on my face, in the face of all this farce-like maddening reality.
Daphne, I hope you’ll start telling us about magistrates with PN leanings from now on. I don’t think they are all squeaky clean.
[Daphne – I don’t divide the judiciary into Nationalist and Labour. Do you? And if so, why?]
Malta is so polarised politically and I get the impression that most members of the judiciary lean more towards the PN (they are the ones with brains but no brawn that is why!), I am not implying that they are PN supporters but sympathisers.
Daphne you did mention political parties when discussing the magistrate’s unethical behaviour, so political affiliations are of relevance to you.
[Daphne – No, they are not. It’s not how a magistrate votes which interests me, but how a magistrate behaves. I mentioned politics in her case only because she appears to spend so much time dabbling in it.]
Lil- Jomar, Galahad II, u Leonard, prosit tal- estratti. Komplu ibbrillaw.
Ghandi wahda ghalikom jien ukoll.
“If you do other people’s thinking for them, they will do your thinking for you. And he who thinks for you judges you; he reduces you to his own norm; and, whatever his intentions may be, he will end by making you stupid – for stupidity doesn’t come from a lack of intelligence, as stupid people imagine, it comes from renouncing, from abandoning one’s true self. So if anyone asks you what you’re doing, asks you to explain yourself, treat him as a judge – that is to say, as an enemy.”
– Raoul Vaneigem
This one’s short and sweet. The origin is disputed but who cares?
“Keep your friends close but your enemies closer.”
Mhux hekk sejrin hawn Malta? If she serves a law suit as normal citizen the case should be handled as a normal case.
I’m saying this over and over again to myself and to my friends whenever this Consuelo debacle is discussed: all this is happening while they are in opposition – just imagine what it’ll be like if they are in government.
My admiration for you is huge. Being bullied by the police is disgusting.. an experience I had to undergo at the tender age of 21. And to think that it was instigated by a woman who attended the Convent of the Sacred Heart.
I thought those nuns taught us to have morals and principles that would carry us through life’s unexpected twists and turns not to go as low as this.. using her position to bully someone who is basically telling it like it is!
Goes to show what power does to people. When are we ever going to have justice when we cannot even trust the ones who are supposed to be leading it? Shame on her for letting our gender and our country down.
Hello, Daphne. Prior to the latest stand off you have (with you know who) I thought you were a mischief maker, despite sharing the same political views.
Reading your articles makes me appreciate what you’re fighting for. I wonder how those in the judicial system are independent from the judicial system. How can one have a fair trial if the police and the judicial system are in collusion?
Good luck, Daphne! Keep it up!