Issue link: https://maltatoday.uberflip.com/i/906955
maltatoday SUNDAY 26 NOVEMBER 2017 28 Letters The Commission for the Administration of Justice has deplored the politicisation of an ensuing impasse over the refusal by two members of the judiciary to resign their posts of sporting officials – in a clear reference to a NET news bulletin which showed clips of Judge Carmelo Farrugia Sacco with Opposition leader Alfred Sant. The news coverage had attracted criticism from Farrugia Sacco himself, labelling it 'deplorable' for its use of continuous footage of the judge alongside Labour leader Alfred Sant, in what appeared to be a deliberate political slant to the report by the Nationalist television station. The Commission's criticism is part of its latest statement issued last week as a chronology of events of its bid to get Farrugia Sacco and Magistrate Antonio Mizzi to resign their posts of presidents of the Malta Olympic Committee and the Malta Basketball Association respectively. Forced on the defensive, after a damning indictment of its stand by former Sea Malta chairman Marlene Mizzi, the wife of Antonio Mizzi, the Commission is justifying its actions in a detailed public statement – a rare occasion for the judiciary's watchdog which conducts its business away from the media glare. The two members of the judiciary were "outed" by the Commission for the Administration of Justice for being in breach of their code of ethics after refusing to resign their posts as sporting officials. The Commission has been seeking their resignation ever since a Code of Ethics barring judges and magistrates from taking up executive posts in associations was approved in 2004. But in 2005, both members were involved in a public tiff with education minister Louis Galea, also responsible for sports, when the MOC criticised sporting legislation which they claimed threatened its autonomy and the allocation of funding to sporting associations. Responding to the criticism, Galea had said he could "not fail to bring to attention the conflict for a Judge or Magistrate who, wearing the cap of MOC president or media director, takes a position against an act of parliament in public circumstances outside the judicial process" – referring to both Farrugia Sacco and Mizzi, the latter then an MOC director as well as MBA president. Galea also added that the Chief Justice had already asked the two members to conform to the code of ethics, which he said prohibits the judiciary from "behaviour that endangers their impartiality or independence". "The government cannot ignore the Chief Justice's admonishment," Galea had warned. According to the chronology presented by the Commission, Farrugia Sacco was informed straight after the publication of the code of the ethics, in a letter dated 14 December 2004, that his role as MOC president would be examined by the Commission to see whether this was in conformity with his role as judge. In February 2006 the Commission informed him of his conflict with the code of ethics, and asked him to regularise his position. After a meeting held on 20 November, Farrugia Sacco informed the Commission of an amendment to the MOC statute to address its concerns – something the Commission felt did not change his conflicting position. As for Antonio Mizzi, as early as 21 October, 2005, the Commission asked the magistrate to a meeting, held on the 1 December, over his role as MBA president. Over the course of 2006, following several exchanges of letters, the Commission and Mizzi met again on 15 January 2007. With the impasse unresolved, the Commission warmed Mizzi on 22 February that it would "proceed to other measures" if the magistrate doesn't inform them of any measures taken to regularise himself. Then on 1 April, Mizzi told the Commission of an amendment to the MBA statute to address the Commission's preoccupation – a proposal which did not satisfy the Commission as to their concerns, that of the association's "dependence on commercial sponsorships". Later in August, it informed the magistrate that "his actions affect the trust he enjoys through his role and that he was neglecting to act in accordance with the code of ethics", subsequently leading to their issuing of the public statement to the media. Send your letters to: The Editor, MaltaToday, MediaToday Ltd. Vjal ir-Rihan, San Gwann SGN 9016 | Fax: (356) 21 385075 E-mail: newsroom@mediatoday.com.mt. Letters to the Editor should be concise. No pen names are accepted. News – 28 November 2007 Judges' watchdog deplores NET's political slant Watermelon Production drama on TVM Reference is made to a story published in the Sunday edition of MaltaToday and on the online ver- sion titled: 'John Bundy faced two sexual harassment claims while at PBS'. The story makes untrue statements in my regard as former director of Watermelon Media. It is categorically not true that a contract for the drama series Ħobbni Ftit (incorrectly referred to Ħobbni Int in your article) was signed between Bundy on behalf of PBS Ltd and Watermelon Media Ltd prior to the board's confirma- tion of the TVM schedule. The contract for the drama series Ħobbni Ftit was signed in Septem- ber 2017, contrary to the impres- sion given in your article. Watermelon Media tendered its proposals under the Public Statement Intent issued by PBS in January 2017 and was signaled a go-ahead for production to com- mence in June 2017 with all other producers. On the 20th August PBS in- formed Watermelon Media and another production house that it would be shifting two of its drama series to late-viewing (22:00) in or- der to promote the current affairs programmes Xtra presented by MaltaToday's shareholder Saviour Balzan and Dissett presented by TVM's Head of News Reno Bugeja. Since this sudden change of heart, only one month away from going on air, impacted negatively both in commercial terms and in viewership, Watermelon Media met the Chairman, the deputy chairman and PBS' advocate to discuss the impact of such a sud- den change of heart. All drama series produced by Watermelon Media during the past years have been engaged on a joint venture basis and PBS enjoys 50% of the profits registered in all of these productions. Following these discussions, in which Bundy was not involved, the Board of Directors took the sensible deci- sion to retain both drama series in prime-time. However, while Ħobbni Ftit retained its Tuesday slot followed by Dissett, the other drama series was shifted to Sun- day while Saviour Balzan's Xtra occupied the prime-time slot on Thursday. As to the reference in your article to another drama series produced by Watermelon Media: Tereża, it cannot be the case that Bundy presented this option to the board because Watermelon Media was informed by its Head of Pro- grammes in April 2017 that PBS will not take a programme that was originally airing on ONE TV. Watermelon Media had explained to PBS that ONE TV had refused the third season of the popular soap-opera Tereża but PBS still re- fused to enter a joint venture with Watermelon Media. The case was closed and never again considered by Watermelon Media. Pierre Portelli, former director Watermelon Media Ltd Notarial role in fuel smuggling allegations Allow me to present you with a small clarification regarding the repeated mention of my name in the stories re- garding the fuel smuggling issue. Your article stated that, "the syndi- cate procured the signature of Maltese notary Anton Borg on the certificates of origin, to show it hailed from the Azzawija Oil Refining Company, a sub- sidiary of the Libyan national oil com- pany" (Smuggling kingpin got Libyan politician's 'stamp of approval' for fuel exports) while that from a few days back stated that my signature was procured "to show it hailed from the Azzawija Oil Refining Company, a subsidiary of the Libyan national oil company. In reality, the smuggled oil was being transhipped from one vessel to the other on the high seas." (Debono used false certificates and Maltese notary's signature to gain ministry stamp). The way I am being mentioned is giv- ing the impression that I certified the authenticity of the document when, in fact, this is not the case. As is often done by notaries, clients come to our offices to have a certified copy of a document (passports, con- tracts, newspaper articles, power of at- torney, ID cards, educational certificates, etc) made. My stamp and my signature do not certify the authenticity of any original documents produced by clients, but only that the photocopy made in my office was a 'certified true copy of the original'. In the case in question, what I did was to certify the conformity of a copy with a document shown to me; I did not certify the authenticity of the contents of the document. I had absolutely no way of knowing, or reason to believe at that point in time, that it had been faked. This explanation can easily be verified if you look at the copy of the document itself, and what my signature and stamp are saying. I am sure that your main interest is in publishing the truth, but the fact that the way it is being reported is potentially misleading, means that it is creating a misperception among readers, which is impacting negatively on my reputation. I am receiving calls from people who are taking the way it is written to mean that I certified that the document in pos- session of the client, which we shall refer to as the 'original', was certified by me as being authentic. I did no such thing. I kindly ask you to rephrase the way in which I am being mentioned in a way that reflects the truth more clearly. I have chosen to explain the facts of the matter directly to you, as I am convinced of the bona fide nature in the use of the possible mis-interpretative wording used. I trust in your judgement and dedi- cation to the truth to make sure that any misconception created by these potentially misleading statements, to the detriment of my personal and profes- sional reputation, is corrected at the earliest possible. Dr Anton Borg Notary Public Declaration on fuel smuggling report Declaration by Kevin McManus in relation to the report "Diesel smuggler awaits outcome of appeal in Libyan court" (29 January, 2014). I hereunder signed declare that the content of the above-quoted news article and the head- ing of same is incorrect and does not represent a true picture of what occurred while I was in Libya. I declare that any statement purporting to declare that I was found guilty by the Libyan courts and that I have lodged an appeal from the said judgement, is untruthful and incorrect. Furthermore, I declare that I have never had any kind of connection or commercial relation- ships whatsoever with Matthew Piscopo who is mentioned in the same article. Kevin McManus Marsaskala