Constitutional Court finds no breach of judge’s rights in impeachment motion

The report tabled by the Commission for the Administration of Justice, on the second impeachment motion moved against Mr Justice Lino Farrugia Sacco, did not breach the judge’s human rights and rights to a fair hearing, the Contitutional Court ruled today.

Following a second impeachment motion filed against him in Parliament, Farrugia Sacco contested a decision by the Commission for the Administration of Justice to simply reiterate its original decision in the first impeachment motion, and filed a constitutional court case against Prime Minister Joseph Muscat, the Attorney General, the CAJ and Opposition leader Simon Busuttil.

The Speaker of the House had ruled that the first motion, filed by former prime minister Lawrence Gonzi, was extinguished since the motion could not be carried over into the next parliament after Gonzi had resigned his seat in the House.

The CAJ had presented the same report as for the first motion, stating there was enough evidence to prove the judge’s misbehaviour, when he stayed on as president of the Malta Olympic Committee in breach of the judiciary's code of ethics. The Commission said its position had remained unchanged in between the two motions and reconfirmed its position.

However Farrugia Sacco complained that he was not given a fair hearing by the CAJ, which did not allow him to produce evidence and any witnesses before issuing its second report.

The CAJ had also failed to notify the judge that it was considering the second notion, and its decision of impeaching him had remained unchanged. “Not having a fair hearing is a breach of the principles of natural justice”, the judge said.

But in today’s sitting, Madam Justice Lorraine Schembri Orland ruled that the CAJ’s actions did not constitute any breach of the judge’s human rights and right to a fair hearing. The court also ruled that there was no breach of the European Convention on Human Rights either.