Constitutional Court rejects Judge's request

Constitutional Courts throws out a request by judge Lino Farrugia Sacco to remove two members of the Commission for the Administration of Justice due to conflict of interest.

The Constitutional Court has rejected a request by Mr Justice Lino Farrugia Sacco to have two members of the Commission for the Administration of Justice removed  due to conflict of interest. The CAJ is currently in the process of evaluating a parliamentary motion calling for the impeachment of Judge Farrugia Sacco.

In his request Judge Farrugia Sacco asked for the removal of Judge Victor Caruana Colombo and Dr Reuben Balzan. The former had been appointed to the commission by the prime minister himself, who then put forward the impeachment motion. Furthermore the judge claimed Dr Balzan has close ties with current PN leader Simon Busuttil who stated he is in favour of the motion.

Judge Anna Felice turned down the judge's request concerning Judge Victor Caruana Colombo, saying that should the request be upheld it would send out a message that no judge can ever be deemed to be unbiased and independent from the government.

In the case of Dr Balzan, the court held that no evidence of politically influenced bias or prejudice was put forward. Judge Anna Felice explained that should the CAJ decide in favour of the impeachment, the final decision is in political and not judicial hands.

The judge's name had surfaced during the investigation by the International Olympic Committee about the sale of tickets. At the time the judge was president of the Maltese Olympic Committee, however  the code of ethics of the judiciary, members of the bench cannot occupy posts in other organisations, not even voluntarily. 

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Priscilla Darmenia
@ historian –In the article it states: “The former had been appointed to the commission by the prime minister himself, who then put forward the impeachment motion.” - I believe it was Gonzi who put forward the impeachment, also this case has been going on for 2 or 3 years which confirms that it was in the time Gonzi was prime minister.
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Issa jaf xi tfisser konlitt ta' interess dan l-Imhallef: meta kont quddiemu ghidtlu li hu ma jistax jiehu l-kas f'idu- Carmel Grima vs Director of Education u xorta baqa biex biddel sentenza li hu kien ga ta u dawwara kontra tieghi.
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Maltatoday, By which Prime Minister of Malta was judge Victor Caruana Colombo appointed to that position?