Issue link: https://maltatoday.uberflip.com/i/544403
6 THE Chamber of Advocates issued a statement in defence of the magis- trate who last week accepted an asset freeze on two Times of Malta jour- nalists after the newspaper failed to pay damages it owed. The garnishee order was issued against head of news Ariadne Massa and editor-in-chief Steve Mallia, on request of former nurses' union boss Paul Pace. The Sunday Times of Malta car- ried an editorial expressing its disap- proval at the judgments of the Court of Magistrates and the Court of Ap- peal, saying it was surprised that the magistrate who signed the executive warrant was the same magistrate who had decided the case. Four MUMN officials were award- ed damages by an appeals court in a libel suit against The Times. Two officials subsequently instituted proceedings against the Attorney General before the Constitutional Court contesting the appeals judge- ment, while two other officials who were not party to the constitutional case, demanded payment of the sum awarded to them with a garnishee order. "The editorial incorrectly implies that the magistrate, who happened to be the duty magistrate when the war- rant was filed, should have, or could have done otherwise. There are very specific circumstances at law that would allow a judge or magistrate refuse to sign a demand for the issue of an executive warrant and the ex- istence of a constitutional case, even had he been privy to its existence, is not one of them," the Chamber said. "The editor should have been ad- vised that the magistrate would have acted against the law had he not signed the application for the gar- nishee order. The claim of the Head of News and the Editor-in-Chief of the Times of Malta that payment of an amount declared due by the Court of Appeal is not payable pending the outcome of the constitutional case, citing as justification a decision in another case that judgments should not be executed pending constitu- tional proceedings, is at best doubt- ful and is certainly not established case-law." The Chamber said that treating the matter as a "vindictive act on us (journalists)" betrayed "a degree of paranoia and a misplaced belief that journalists are entitled to preferential treatment and should be held above the law". "The Chamber, believes in the im- portance both of the role of a free press in a democracy and a free and independent judiciary as one of the pillars of the rule of law – but it must voice its concern when in the name of the freedom of the press a newspaper attempts to influence public opinion in supporting it to avoid payment of its dues. "This is not healthy in a democracy, and the thinly-veiled insinuations against the Magistrate concerned, verge on an abuse of the power that the paper enjoys and unfairly under- mines public confidence in the judi- ciary." On his part, Times editor Steve Mallia said the newspaper fully ac- knowledged that lawyers will differ as to the position it had taken on this issue, stated in the editorial. "Why has the Chamber – which was not mentioned in the editorial and nor is any practising lawyer – decided to enter into the merits of a case that concerns this newspaper and other parties? And, furthermore, why has it expressed an opinion on the status of a judgment by Madam Justice Jacqueline Padovani Grima that we will be citing to support our position in court. Such interference is abhorrent and deplorable." "Equally worrisome is that the Chamber has misunderstood what we said. We did not express surprise that the magistrate who signed the warrant was the same magistrate who decided the original case… There is no 'paranoia' on our part as the Chamber is unfairly alleging, though the question needs to be asked whether it lies elsewhere." Mallia said the newspaper took is- sue with the claim that it was trying to influence public opinion to sup- port it having to avoid payment of its dues. "On the basis of judicial precedent, all we have tried to do is to hold pay- ment until definitive closure of the Constitutional proceedings insti- tuted by us. Final judgment in those proceedings would establish wheth- er the judgments delivered by the Magistrates Court and the Court of Appeal hold, or whether they are un- constitutional and ineffective. "As for its allegations of 'abuse of power', perhaps the Chamber should have reflected on its own words a little more carefully before making such a statement." maltatoday, WEDNESDAY, 22 JULY 2015 News HAVE YOUR SAY 4JHOVQBOEMPHPOUP.50CTFSWFSBOEIBWFZPVSTBZPO FWFSZUIJOHGSPNDVSSFOUBõBJSTUPMPDBMUSFOETXJUIUIF DIBODFUPXJOQSJ[FTJOPVSXFFLMZDPNQFUJUJPOT.50CTFSWFS JTZPVSDIBODFUPDPOUSJCVUFUPUIFGBTUQBDFEXPSMEPGUIF NFEJBBOEMFOEZPVSWPJDFUPUIFEJTDVTTJPO 7JTJUPCTFSWFSNBMUBUPEBZDPNNU Advocates defend Magistrate in Times of Malta garnishee order Rebels MC president Alex Vella plans High Court appeal on visa ban The Chamber of Advocates' newly elected president George Hyzler MATTHEW VELLA THE Maltese boss of Australia's largest outlaw motorcycle club, is planning one final appeal in the country's highest court to over- turn a court decision that upheld his visa cancellation. Rebels Motorcycle Club presi- dent Alex Vella, 62, had his visa cancelled in June 2014 on "char- acter grounds" while on holiday in Malta. He has since been unable to return to Australia, where his family is, and in March 2015 lost a court battle to overturn the im- migration minister's visa ban. He is now in Malta after having spent 47 years living in Australia, where he migrated to with his par- ents at a young age. Three Federal Court judges up- held the visa ban by dismissing Vella's claims that the minister's refusal to publish confidential correspondence, upon which he decided to cancel his visa, was un- constitutional. According to court documents, minister Scott Morrison's deci- sion relied on detailed intelligence provided by an Australian Crime Commission-led task force 'At- tero' on motorcycle club crime, claiming that Vella has overseen the expansion of the Rebels into the largest one in Australia. Attero investigators claim that under Vella's leadership the Rebels have engaged in drug deal- ing, money laundering, serious assaults, kidnapping, extortion, firearms offences, threatening law enforcement officers and in- timidation of court witnesses. It is believed the gang has more than 2,000 members across the coun- try. Vella's most serious convic- tion was for a trafficable quality of marijuana found at his home in 1990, which earned him 18 months of periodic detention, ac- cording to the Australian Broad- casting Corporation. The High Court will be Vella's last chance of appeal. Rebels Motorcycle Club president Alex Vella is planning a last-chance High Court appeal in bid to overturn his visa ban