Issue link: https://maltatoday.uberflip.com/i/1174220
3 CONTINUED FROM PAGE 1 In a lengthy complaint, Sciberras's brother Jeff took umbrage with Mifsud's behaviour from the first day he assumed responsibility over the criminal case against Tanti, and his sentencing. It was on the way Mifsud behaved with the family in court and with their lawyer, Nadine Sant, and on his gratuitous quo- tations from Pope Francis – which the family interpreted as veiled criticism to- wards their quest for justice – that the Commission for Administration of Jus- tice found a breach of ethics. "[The Commission] feels that in this case a lack of sensibility has been shown by Magistrate Mifsud towards the vic- tim's family," the CAJ said, referring to the code of ethics requiring the judici- ary to carry out its duty with dignity, courtesy and humanity. "While the magistrate's defence said that every judge had his character traits and 'ways' of how to conduct his sit- tings, and although this committee has no doubt that Mifsud had no intention of aggravating the sorrow of the Sciber- ras family, his actions did contribute to this, because in this case's particular circumstances, he did not carry himself with humanity and courtesy with the family." Specifically, the Sciberras family was taken aback by Mifsud's blithe com- mentary during sentencing and in his confrontations with the family and their lawyer. In its complaint, the family noted that while their lawyer was recommending the family's request for maximum pun- ishment, she erroneously referred to the distance the victim had been hurled from the moment of impact as "190 kilometres" At this point, Mifsud corrected the lawyer, saying "190 metres", to which the counsel replied, "excuse my mis- take." Yet it was at this point that the care- free Mifsud angered the family when he stated, with a smirk on his face: "Ah well, in reality it could have been 190 kilometres, right to heaven." (U iva, fir-realtà 190 kilometru tajru... lejn il- ġenna). Jeff Sciberras stated in his complaint that he was incredulous at the remark; moments after, Mifsud appeared to take issue with his lawyer's request for maximum punishment, by accusing her of playing with the family's emotions. Jeff Sciberras left the courtroom out- raged, prompting Mifsud to dispatch his marshal to order Sciberras back to the courtroom, and announcing to the court – where Sciberras's mother and father were present – that he would send their son to prison. Sciberras re-entered the court and apologised, but told the Commission that he was treated to a "patronising speech" from Mifsud that their lawyer was playing with their emotions. Sciber- ras told the Commission in no uncer- tain terms that the magistrate had been "effectively cruel towards our family and caused all of us a great amount of pain and stress." Here, the Commission remarked in its decision that Mifsud was unable to "limit himself to a simple correction of the distance and just stop. The com- ment he passed in court in this regard was certainly not on." The Sciberras family was further in- censed by various comments Mifsud made throughout the case. On assum- ing the proceedings from its former magistrate, Mifsud's first comment in open court to the aged parents of the deceased were: "You won't get anything out of this court" (M'inthom se tieħdu xejn minn hawn) – something the fam- ily felt had dampened their will for jus- tice for their son's death. They also pointed out his contemp- tuous attitude to their lawyer Nadine Sant, with his aggressive grilling of her request for the highest sentence for Tanti accorded by the Criminal Code. On another occasion, Mifsud saw it fit to validate the defence's sole witness, a family doctor, when Sant pointed out that he was not qualified to give a psy- chiatric opinion on the accused. Mifsud glibly told the lawyer that the doctor, Joseph Ferriggi, "had three quarters of Rabat's population under his care." Eventually, the magistrate declared in sentence that Ferriggi's evidence was ir- relevant. The family also took issue with quo- tations from Pope Francis and Arch- bishop Charles Scicluna which Mifsud included in his judgement, extolling the value of forgiveness and rehabilitative sentencing. And here the Commission agreed that such quotations were out of place in this kind of sentencing. "The committee brings to the magis- trate's attention that these quotes have no place in court sentencing. They might perhaps give the sentence a so- cial dimension, but the only quotations in a court sentence should be those of authors of law and jurisprudence. The committee therefore feels it is oppor- tune to bring to Mifsud's attention not to quote personalities in his sentence, authoritative though they might be." EDITORIAL • PAGE 18 Transparency and accountability for the judiciary as well maltatoday | SUNDAY • 6 OCTOBER 2019 NEWS CONTINUED FROM PAGE 1 Thought to be the most costly inquiry in Maltese history, on- ly the conclusions of the report have so far been made public, with a court action to have the rest of Bugeja's report released to public scrutiny so far being unsuccessful. This is not the first time that the criminal proceedings against the Degiorgios and Muscat have stalled due to recusals. The first two magis- trates tasked with hearing the compilation of evidence had also recused themselves – the first was Donatella Frendo Di- mech, who recused herself be- cause she had been in the same school as Caruana Galizia's sister 34 years ago, and then Charmaine Galea, who with- drew because she had been the subject of the journalist's criti- cism on her appointment to the Bench in 2013. Newly-appointed judge Aar- on Bugeja was drawn by lot to preside over the trial of the three men accused of having killed Caruana Galizia. Mus- cat and the Degiorgio broth- ers were arrested in Decem- ber 2017 but have spent the past two years in and out of court as prosecutors presented evidence they had compiled against them, which they have challenged in various constitu- tional proceedings. Bugeja, who has a hard- earned reputation for gravitas and impartiality, could have felt unable to operate with the serenity that other judges would have given the Egrant context. His promotion to judge re- mains the subject of a consti- tutional case filed by the NGO Repubblika, which wants to nullify the judicial appoint- ments made at the start of 2019 before the Maltese gov- ernment implemented the rec- ommendations by the Council of Europe's Venice Commis- sion on the rule of law and the independence of the judiciary. Malta's judiciary is vetted by a commission for judicial ap- pointments but is ultimately selected by the Prime Minister. Yet last week the Constitu- tional Court dismissed a re- quest for an interim measure to revoke the appointment of the six new members of the ju- diciary. The case continues in a superior court. Contacted for comment, Jus- tice Minister Owen Bonnici denied knowledge of the Buge- ja recusal, stating that they were internal court procedures to which he is not privy. "I am not informed of recusals," he said. magius@mediatoday.com.mt Judge's recusal Aaron Bugeja (centre) has a hard-earned reputation for gravitas and impartiality but could have felt unable to operate with the serenity that other judges would have given the Egrant inquiry he led Mifsud lacked 'humanity and courtesy' with grieving family Magistrate Joseph Mifsud was told to lay off inserting quotations from personalities in his sentences