Franco Debono contemplates taking legal action against PN

Following official condemnation and a ban from contesting elections by his own party, Nationalist MP Franco Debono said he is considering taking legal action against the PN.

Asked by MaltaToday whether he will contest the decisions taken by the PN's executive council in court, Debono said he will do so "if push comes to shove".

The Nationalist Party issued a condemnation, followed by a ban to contest elections on Debono and fellow MPs Jeffrey Pullicino Orlando and Jesmond Mugliett for voting against the party's whip in Parliament.

Debono has described these decisions as null and said they "blatantly ignore the principles of natural justice".

"The principles of natural justice lay down that you cannot be judge in your own case, you cannot be judge and jury at the same time. Secondly, everyone has a right to defence," Debono said.

He explained that the Nationalist Party did not comply with these principles in its decisions to condemn and ban him and the other two MPs.

Prior to the edict issued by the party, the three MPs were not notified that their condemnation was on the executive's agenda, and Debono was unable to attend because he was addressing parliament on his justice and home affairs bill.

"The fact that parties are the most unregulated bodies at Maltese law might give the wrong impression that they are above the law."

Citing a number of court cases which settled disputes between a variety of clubs and institutions and members, he said that the Maltese courts declared that no club or organisation is above the law and the principles of natural justice must always be respected.

Insisting that the MPs were never given a fair hearing, Debono said "I feel that the Nationalist Party's statute is in breach of the principles of natural justice."

Asked whether the courts would dare interfere in the internal business of a political party, Debono cited the case of Herbert Ganado, who was expelled from the PN after expressing his disagreement with the way then PN leader Gorg Borg Olivier was pursuing Independence.

Ganado had eventually created his own Democratic Nationalist Party but also challenged the PN's decision in court, and won.

The MP added "as a party member I have a right to ensure that the PN follows the principles of natural justice and as an MP I have already proposed the introduction of a legislation regulating political parties".

Debono explained that the party-financing bill he drafted includes provisions taken from German legislation which proposes that political parties should establish an internal disciplinary board which is independent from the party.

The bill also states that the procedures of such boards must be governed by the rules of natural justice and members cannot be expelled for disobeying any rule of the party, which is not in conformity with the Constitution and/or the laws of the Malta.

"I would accept the condemnation if the Prime Minister's Cabinet was spick and span but it is not. The Cabinet is shifting the focus on the current political climate," Debono said. 

"What the country should be focusing on at the moment is the jamboree going on with donations and wild promises being bandied around. Corruption, illicit funding and trading in influence should be on the front pages and not dissenting backbenchers pushing for a law on party financing."

The MP, who has been calling for political and institutional reform for years, blamed "three quarters" of the current predicament within the PN and the country on Transport Minister Austin Gatt.

Following his ban from contesting election on the PN ticket, Debono declared that he will not back the government in parliament as long as Gatt remains a cabinet member.

"I ask whether Austin Gatt is going around asking for money from entrepreneurs," Debono said.

He also shed doubt on whether the authorities and the people are aware of what is actually going on.

He asked: "Is the Police Commissioner keeping an eye open for any possible wrongdoings, such as vote buying and huge donations?"

Earlier this week, Debono posted a salvo on his personal blog attacking Austin Gatt as an 'untouchable bully'.

Debono insists that Gatt should have taken the honourable way out and resigned after the BSWC and Arriva fiascos.

"After giving out contracts to Zaren Vassallo and others to construct the new Delimara power plant extension, they are now going to spend €30 million on converting the plant to gas. This kind of mismanagement has led Enemalta to amass enormous debts and in turn, this has led to the exorbitant utility bills. That is why the utility bills are so expensive - and not the international oil prices."

In November, Gatt faced a vote of no confidence in parliament over the public transport reform which created profound public discontent following a bumpy beginning for the new service providers Arriva.

The vote was only defeated thanks to the Speaker's casting vote following Debono's abstention.

In January, prior to a pivotal vote of confidence in government, Prime Miniser Lawrence Gonzi had said that Gatt will be relinquishing his ministerial post in the run up to the general election in order to concentrate on the PN's electoral campaign. Gatt is a key member of the party's strategy team.

The MP explained that he did not vote against Gatt because he wanted to vote in a gentlemanly way.

Asked whether he regrets not voting against Gatt, Debono said: "To a certain extent, I do, but only because of the way Gatt has behaved himself."

He adds that Gatt is responsible for a litany of errors and cites Gatt's decision to appoint a Chief Justice who was later found guilty of bribery, when Gatt was justice minister.

"This epitomises the demise of the Nationalist Party. Thirty years ago, Austin Gatt was running the party and at present, he still leads the party."