Commission insists it is only 'abiding' by the law

The Commission for the Administration of Justice is bound to secrecy by law on its investigations and cannot reveal whether it has received a request to initiate investigations on a member of the judiciary.

"Expressions of confidence in a judge for extra-judicial activities, made by organisations outside the judiciary, do not condition the commission," it said.

The Commission said this in reaction to the media attention on the recent judicial controversies involving Judge Ray Pace and Judge Lino Farrugia Sacco.

CAJ also pointed out that it only acts within the framework set by the law, "even if it may not be happy with the restrictions imposed on it by the law and even if this attracts criticism or a lack of comprehension."

While noting that it will not break the law to avoid being critiised, the commission noted that "any criticism should be addressed to who has the power to change the law and not the Commission."

In its lengthy statement the CAJ said that every member of the judiciary should "recognise that his first loyalty is towards the Judiciary he forms part of and the absolute confidence which it should aspire to enjoy from the community is serves."

On Saturday, the Prime Minister Lawrence Gonzi presented motions for the impeachment of judges Ray Pace and Lino Farrugia Sacco. Since then Judge Pace has tendered his resigned and subsequently the motion against him was dropped.

The commission explained that it carries investigations in two different instances. In the first instance, the CAJ can draw the attention of any judge or magistrate which may not be conducive to an efficient and proper functioning of such court, and to draw the attention of any judge or magistrate to any conduct which could affect the trust conferred by their appointment or to any failure on his part to abide by any code or codes of ethics relating to him.

In the second instance, it can also carry out an investigation after an impeachment motion is presented to the Speaker of the House. The commission added that when shortcomings are found, the only action it can take is to draw the attention of the member of the judiciary involved that his/her action are in violation of the Code of Ethics and may undermine confidence in the Office.

In addition, in the case of an Impeachment motion, if the Commission's investigations are inconclusive or no shortcomings are discovered then the Impeachment motion is dropped. If shortcomings are confirmed, then the Speaker can proceed with the Impeachment proceedings.

The commission pointed out that in the past, the Commission investigated Justice Lino Farrugia Sacco and drew his attention as explained. It added that it only acts in a collective manner and "all its members have to be involved in the discussion."