Far-right leader Lowell cannot contest European elections

Far-rightist Norman Lowell cannot contest the European Parliament elections in May because the law prohibits anyone serving a sentence of imprisonment or anyone serving a suspended sentence from participating in the election.

In July 2013, an appeals court confirmed a Magistrates' Court judgement which had condemned Lowell for inciting racial hatred. The original judgement had sentenced Lowell to a two-year jail term, suspended for four years and fined him €500.

Following the appeal, in June 2013 the court reduced the jail term to 15 months, suspended for three years.

A criminal law expert confirmed with MaltaToday that a suspended sentence enters into force the day after the appeals court hands its judgement, which would mean Lowell is still under the suspended sentence.

The lawyer told MaltaToday that once an appeal is lodged, the original sentence is put on hold until the appeals court delivers its sentence, therefore Lowell's suspended sentence came into effect on 16 July 2013.

The European Parliament Elections Act stipulates that: "No person shall be qualified to be registered in the European Union Electoral Register" if among others "he is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him by a court in a member state, or substituted by competent authority for some other sentence imposed on him by such court, or is under such a sentence of imprisonment the execution of which has been suspended..."

Effectively, the law bars Lowell from the electoral register, and the far-right leader who this week announced his candidature for the 24 May European elections would not be allowed to contest once he is struck off the electoral register.

The Electoral Commission vets all submissions which are received a few weeks before the election and although MaltaToday is informed that such cases never occurred, given that parties never allowed anyone serving a jail sentence to contest elections, the commission would refuse Lowell's candidature if the far-rightist submits his nomination. 

The law also prohibits anyone who is declared incapacitated for any mental infirmity by a court, or convicted of any offence connected with the election of members of the House of Representatives, members of Local Councils or members of the European Parliament.

Lowell announced his candidature on Friday. Imperium Europa, the far-right movement led by Lowell, will also field Antoine Galea for MEP.