Issue link: https://maltatoday.uberflip.com/i/368911
maltatoday, SUNDAY, 24 AUGUST 2014 6 News MIRIAM DALLI AN appeal by Mr Justice Lino Farrugia Sacco filed on 25 June has not yet been appoint- ed for hearing, raising questions about what caused the Constitu- tional Court delay. The delay meant that Farrugia Sacco turned 65 on Friday, reach- ing the legal limit for retirement, as a result escaping any impeach- ment proceedings against him. Farrugia Sacco was in the soup after retaining his post of president of the Malta Olympic Committee in the face of a decision handed down by the Commission for the Admin- istration of Justice, and then being embroiled in a sting by The Sunday Times of London. According to Kevin Aquilina, Dean of the Faculty of Laws, the Constitutional Court should have appointed Farrugia Sacco's hearing of the appeal with urgency. "Constitutional cases are urgent by their nature and therefore the case should have been appointed immediately for hearing, without any of the parties involved required to file a writ," Aquilina told Malta- Today. While the PN took the govern- ment to task for halting the im- peachment motion procedure, Aquilina argued that it was not "parliament's fault". "The problem is that an appeal was filed before the Constitu- tional Court, and Farrugia Sacco reached retirement age before the case was heard or decided. Parlia- ment allowed the judge to exer- cise his legal rights, but the case was not heard." The legal expert added that the parties involved – including Op- position leader Simon Busuttil among others – could have re- quested the case to be heard with urgency. "However, given that this is a case tackling human rights, the Constitutional Court should have urgently appointed the case of its own volition," Aquilina ex- plained. If the Constitutional Court eventually sets a hearing, the case will be purely "academic" as in practice the ruling is no longer required. Aquilina did not exclude that a member of the judiciary would have been forced to recuse himself and a new member of the judiciary would have to be appointed. Contacted for a comment, Min- ister for Justice Owen Bonnici reiterated that the Farrugia Sacco case was a delicate one, which re- quired maturity. "Experience has taught us that prudence in the way the govern- ment pronounces itself on such cases is crucial," Bonnici said. He insisted the government abided by all constitutional laws and proceeded in full respect of fundamental human rights. "As to why the appeal was not appointed for hearing, I am sure you are aware that the judiciary enjoys full independence from the executive and that the govern- ment does not have any right to intervene in the appointment of cases," the minister said. He however admitted that delays in the Constitutional Court and in the Court of Appeal in general are a source of worry and confirm the need to continue implementing the much-needed justice reform launched just over a year ago upon the change in administration. Ombudsman Joseph Said Pulli- cino, who is facing a criminal libel filed by Farrugia Sacco, is standing his ground on the matter although he declined to comment further. In December 2012 Said Pullicino, in a letter called on the President and the Chief Justice to relieve Far- rugia Sacco of his judicial duties. The latter protested that Said Pul- licino had overstepped his jurisdic- tion. Timeline of events The original case dates back to 2012 when undercover reporters from The Sunday Times of Lon- don approached Farrugia Sacco, as president of the Malta Olympic Committee, and secretary-general Joe Cassar in a sting about circum- venting ticket sale rules for the Sochi Winter Olympics. Farrugia Sacco and Cassar were covertly re- corded by the reporters, who were posing as envoys of a Middle East- ern ticket tout, as the latter ex- plained how high-mark ups could be "camouflaged" through "subtle" marketing techniques. Following the report in The Sun- day Times of London, the then- Nationalist administration had asked the Commission for the Ad- ministration of Justice to investi- gate Farrugia Sacco's actions. In January 2014, Speaker Anglu Farrugia declared the original im- peachment motion against Far- rugia Sacco as "dead" and, on the same night, Prime Minister Joseph Muscat presented a new impeach- ment motion against the judge. A few days later, Farrugia Sacco filed a judicial protest calling on Muscat and Opposition leader Simon Busuttil, among others, to respect his fundamental human rights. He argued that former Prime Minister Lawrence Gonzi and Busuttil had pushed forward an impeachment motion based on allegations featured in British newspaper The Sunday Times. Farrugia Sacco insisted the two failed to verify whether the alle- gations were true before moving forward with the impeachment motion. The Commission for the Admin- istration of Justice always stood by its original decision, declaring that the judge had acted incorrectly in retaining his Malta Olympic Committee post, even though, in 2005, he was informed that he was breaching the code of ethics and later asked to resign. The code of ethics prohibits mem- bers of the judiciary from "holding any office or post even though of a temporary, voluntary or honorary nature and may not perform any activity, which in the opinion of the commission may compromise or prejudice their position or their duties or functions." While the judiciary watchdog ad- vised parliament to go ahead with the impeachment motion, Farru- gia Sacco filed a case before the Constitutional Court. The court ruled that the CAJ did not breach the judge's human rights and right to a fair hearing. On June 25, Farrugia Sacco filed his appeal on this ruling. mdalli@mediatoday.com.mt Questions raised on Constitutional Court's delay in appointing Farrugia Sacco hearing The Malta Financial Services Authority has, on 11 August 2014, made a determina on to the effect that Maltese Cross Financial Services Limited is unable, for the me being, to meet its obliga ons arising from claims by its investors for reasons which are directly related to its financial circumstances. 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Important notice by the Important notice by the Investor Compensation Scheme Investor Compensation Scheme Further informa on is obtainable as follows: Online: www.compensa onschemes.org.mt By e-mail: info@compensa onschemes.org.mt Freephone: 8007 4924 (working days, from 8am to 5pm) I������� C����������� S����� �/� M���� F�������� S������� A��������, N������� R���, A����� Maltese Cross Financial Services Limited