Pace to submit resignation as Gonzi plans imminent impeachment of two judges

The Commission for the Administration of Justice held a meeting to discuss the criminal charges brought against acting chief justice Raymond Pace, who is accused of accepting bribes to influence the extension of a prison sentence.

The Commission, which is presided by the President of the Republic, said the Chief Justice should reassign Pace's cases to new judges pending the criminal procedures against the judge and two other men.

In Brussels, where he is attending an EU summit, Prime Minister Lawrence Gonzi said he would present impeachment motions imminently against both Pace and Judge Lino Farrugia Sacco if they both do not resign.

MaltaToday was informed by legal sources close to the family of Ray Pace that the judge will submit his resignation imminently.

In the previous case of the bribery of two judges, Noel Arrigo and Patrick Vella had resigned shortly after impeachment motions were filed in parliament by Eddie Fenech Adami, in unprecedented circumstances on 3 August 2002 - just two days after it was announced that they had been put under arrest.

Earlier yesterday, Gonzi called for due process to take "its serene course" but later in the evening, he announced he would present an impeachment motion.

Farrugia Sacco was implicated in an undercover sting by the Times of London in which he entertained requests by reporters on how to skirt the rules of the International Olympics Commission's ticket sales.

Farrugia Sacco, who has refused to resign, is also held by the government to be in breach of the judiciary's code of ethics for occupying the role of president of the Malta Olympics Commission.

"If the judges' resignations are not on my desk within a few hours I will move on the next step to present the impeachment motions," Gonzi was quoted by The Times as saying. "The country needs to be assured of the best possible conduct by members of the judiciary."

Farrugia Sacco has said that Gonzi's calls for him to resign are "nonsense".

On his part, Labour leader Joseph Muscat said he would follow the conclusions of the Commission for the Administration of Justice's inquiry into the Farrugia Sacco case.

However, yesterday Muscat also said he would back the impeachment of Judge Ray Pace.

@lawrence_gonzi Labour will back impeachment of Judge Pace -JM — Joseph Muscat(@JosephMuscat_JM) December 13, 2012

In the meantime, Farrugia Sacco has sued Ombudsman and former Chief Justice Joseph Said Pullicino for criminal libel, after he publicized a letter to the President of the Republic calling him to bring the Commission for the Administration of Justice to use its moral authority to make Farrugia Sacco resign. The CAJ is already investigating the Farrugia Sacco ethics case.

Impeachments motions must first be forwarded for investigation by the Commission for the Administration of Justice, which is composed of the President, the Chief Justice, the Attorney General; two members elected from among the judges of the Superior Courts; two members elected from among the Magistrates of the Inferior Courts; one member appointed by the Prime Minister and one member appointed by the Leader of the Opposition; and the President of the Chamber of Advocates.

The impeachment motion is first referred to the CAJ, which investigates the case behind closed doors.

The conclusions of their investigation will be referred to the Speaker of the House.