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mt 22 december 2013

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News maltatoday, Sunday, 22 December 2013 Peralta to be investigated in the coming days Daniel Mizzi The judiciary's watchdog, the Commission for the Administration of Justice, will launch an investigation of Magistrate Carol Peralta in the coming days, after the flamboyant magistrate hosted a Christmas party in his courtroom and subsequently arrested a reporter for trying to take photos of the party. The reporter, Ivan Martin of The Times, said he was tipped off that smoking and drinking was taking place in the courtroom which usually is the site of the highest order and decorum when Peralta's court is in session. According to Peralta, he detained the reporter for some three hours because he first refused to give his particulars after he was taken to the magistrate's chambers when a staff member saw him trying to take pictures of the ongoing party. The CAJ is chaired by the President of the Republic, George Abela, who received a letter from Parliamentary Secretary for Justice Owen Bonnici to investigate the case. Abela has since confirmed that the letter has been passed on to the CAJ's members. On his part, Bonnici said he expected an expedite investigation and conclusion to the CAJ's inquiry into Peralta's behaviour. "Unfortu- Magistrate Carol Peralta nately, the Magistrate refused to understand that his actions were wrong and continued insisting on his position." The Nationalist Opposition said the magistrate's position was "untenable". Peralta has remained defiant and in a press conference hosted at his Mdina residence, said that the arrest was "well within [his] rights" and dismissed calls for his resignation as being "insignificant". Peralta claims his courtroom was locked to the public, and that smoking laws did not apply since he was hosting a private party. Peralta said his guests included court reporters – from The Times, MaltaToday, and Media.Link – police officers, lawyers, and two magistrates. Prime Minister Joseph Muscat reacted instantly to news of the three-hour arrest, describing it as a "travesty" and saying that the reporter was carrying out his duty. He added that the events proved the need for a change in court practices. Acting upon an investigation, the Commission for the Administration of Justice can order an impeachment motion to oust Peralta from his post. Prior to the impeachment motion being initiated, a parliamentary motion listing the reasons of the alleged misbehaviour will have to be filed by the prime minister. Consequently, the filing of the motion does not necessarily entail the ousting of Peralta from his post. However, if the Commission's investigation proves that Peralta abused of his powers, parliament will then debate and vote on the impeachment motion to oust Magistrate Carol Peralta. Other condemnations came from the Green Party and the Chamber of Advocates. "The abuse of power by the magistrate is unacceptable," Alternattiva Demokratika chairperson Arnold Cassola said. "Throwing a party in a courtroom, with drinks, cigarettes and music does not seem to be the most appropriate thing. With proven corruption amongst three judges in the last 10 years, police acting as waiters, a lawyer turned minister blackmailing a person, the Armed Forces commander not bothering to answer questions on the death of 270 Syrians and now this 'toga party' the rule of law in Malta seems to be really going to the dogs." The Chamber of Advocates said it unreservedly condemned the behaviour of Peralta for holding a party with drinks and unlawful smoking in his courtroom. "This behaviour, along with the reaction against the journalist who went to report on what was happening, is unacceptable."

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