Issue link: https://maltatoday.uberflip.com/i/476647
maltatoday, WEDNESDAY, 11 MARCH 2015 4 MAT THEW AGIUS ONE of the clerical sex abuse vic- tims, who yesterday had a request to have their case heard by anoth- er judge, only to have that request denied by the same judge whom they were accusing of having a conf lict of interest, will be filing a Constitutional case. Yesterday, Mr Justice Joseph R. Micallef, who also occupies the role of president of the Malta Ra- dio Maria Association rejected the request that he abstain from de- ciding the case for compensation, describing the request as "unde- served, frivolous and abusive". "The court recognizes and does not briskly set aside the element of subjective and objective impar- tialit y of the adjudicator rightly expected by both parties," wrote the judge. "Even so, this right should not be transformed into a tool through which one part y creates a base- less fear or an occasion to have proceedings become a contest for the selection of a favourite judge, leading to 'forum shopping'." Judge Micallef held that such a practice would result in an abuse of the judicial process under the guise of protecting the right to a fair hearing, pointing out that the test of impartialit y, even as inter- preted by the European Court of Human Rights, requires an objec- tive basis of verifiabilit y. "The court is of the opinion that the plaintiff 's fear, based on the stated reasons of 'closeness' or 'as- sociation' of the presiding judge to either of the parties is absolutely not deserved," wrote the judge, pointing out that the association in question, Assocjazzjoni Radju Marija, was not set up by the arch- diocese and neither was it depend- ent on the archdiocese. "It is an international organisa- tion that does not answer to the archdiocese," the judge pointed out, suggesting that the plain- tiff 's suspicions were founded on misunderstanding or misinforma- tion. In a comment given to MaltaTo- day yesterday, a visibly distressed Lawrence Grech said he is certain that Mr Justice Micallef "had been against us since day one," describ- ing what he claimed to be an air of secrecy and intrigue surrounding the case. "The Church had insisted that hearings be conducted behind closed doors as it would nega- tively affect children in Church care homes," said Grech. The ten plaintiffs had suggested that if public scandal was the issue, they could testif y behind closed doors, but Bishop Charles Scicluna and the directors of St Joseph Home should testif y in open court. The judge, he said, also refused this request. "He was only interested in clos- ing the case as quickly as possible and would often pass remarks to this effect, during sittings," said Grech of the judge. This allegation could not be independently veri- fied as the media and public had been barred from attending sit- tings, however. Grech claimed that the plain- tiffs' law yers had been denied access to then Archbishop Paul Cremona's testimony and had not been given a copy of the transcript of the court sitting, as is normal procedure. He was asked whether the Church had tried to help him in some way, since the case began. "The Church, from day one put me in contact with a psychiatrist who, after a two hour session di- agnosed me with the illness the soldiers from Vietnam had [Post Traumatic Stress Disorder] and immediately put us on a massive dose of tranquillizers." "I didn't take them. I'm not stu- pid," he added. News 7KH0DOWD(QYLURQPHQWDQG3ODQQLQJ$XWKRULW\QRWL¿HVWKH SXEOLFWKDWLWLVSXEOLVKLQJDGUDIWUHYLHZWRWKH3ODQQLQJ3ROLF\ IRU7D 0DVULMD0HOOLHƫD 7KURXJKWKLVSURSRVHGUHYLHZWKH$XWKRULW\LVVHHNLQJWKH UHJHQHUDWLRQRIDVLWHZKLFKFXUUHQWO\OLHVGHUHOLFWDQGLVDVFDU RQERWKWKHXUEDQDQGUXUDOHQYLURQPHQW7KHVLWHKDVWKUHH SUHGRPLQDQWFKDUDFWHULVWLFV±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ƪ$ 3XEOLF&RQVXOWDWLRQ 0(3$ Whistleblower owed €50,000 for Gozo 'ministry' works CONTINUED FROM PAGE 1 MaltaToday is informed that the contractor is owed €50,000, including VAT, by the Gozo ministry for works commissioned by Anthony Debono in his role as a Gozo ministry employee in charge of projects and works. He has admitted that he was aware he was doing irregular works and that it was not a legitimate activity. Last Sunday MaltaToday revealed how Minister Debono's husband An- thony, an officer in charge at the min- istry's works division, would assign construction jobs to private contrac- tors for work carried out for constitu- ents on the 13th district. Giovanna Debono said on Saturday when asked about the matter that that was the first time she was hear- ing about it and eventually denied any wrong-doing, describing the whole episode as a charade manipulated by Joseph Muscat. Opposition leader Simon Busuttil has said that he will wait for the con- clusions of the police investigations to see if he should suspend the former minister. The same contractor revealed that 75% of all works were done in private residences and the rest for local coun- cils, but without the necessary tenders or procurement arrangements. When asked to specify, the contrac- tor referred to the construction of a five-a-side football ground at a local council which was run by a mayor, also called Anthony Debono. He also admitted that he did receive some payments for his works. On 26 February, 2013, a week before the elec- tions, he received €1,604, after receiv- ing €1,565 on 7 February, 2013, and €444 on 15 December, 2011. sbalzan@mediatoday.com.mt Judge refuses to recuse himself in clerical abuse trial Former Minister Giovanna Debono with husband Anthony Mr Justice Joseph R Micallef and (below) Lawrence Grech