No comment from Gonzi over ‘dead’ impeachment motion

Former Prime Minister Lawrence Gonzi has declined to comment on a statement from the Speaker of the House during the House Business Committee meeting yesterday, in which he said the motion of impeachment against Judge Lino Farrugia Sacco could be considered 'dead' or lapsed.

The case dates back to 2012 when two undercover reporters posed as ticket resellers and met with Farrugia Sacco, who is the president of the Malta Olympic Committee, and secretary-general Joe Cassar, to discuss how to bypass rules and resell MOC tickets for the 2014 Sochi Winter Olympics games.

Farrugia Sacco had already been asked to resign his MOC presidency in 2008 by the Commission for the Administration of Justice, which found a breach of the judiciary's code of ethics; leading then prime minister Lawrence Gonzi to file a motion of impeachment.

Earlier this month, the Commission for the Administration of Justice found Farrugia Sacco was guilty of misbehaviour for not resigning his post as president.

But yesterday, Speaker of the House Anglu Farrugia said he had sought legal advice from constitutional expert Ian Refalo, who submitted that the impeachment motion was no longer valid because the motion could not be carried on from one legislature to the other.

"Not only did parliament dissolve after the motion was presented but [Gonzi] is no longer a member of parliament. Therefore, it is my advice that the motion is dead," Refalo said.

When contacted by MaltaToday this morning, Lawrence Gonzi said that he would prefer not to comment. He did, however, make a reference to the memorandum he drafted on 21 April 1996, when he himself was Speaker, in which it was established that a motion of impeachment could be carried over from one legislature to the other.

At the time, the House Business Committee had decided that the motion for the impeachment of Judge Anton Depasquale, remained valid. But in that case, then prime minister Eddie Fenech Adami - who filed the motion - was still leader of the Opposition after in the aftermath of that year's general election.

Ian Refalo, in his advice to the Speaker, added that the House still had the option to revive the motion, but this would require the tabling of a new motion, as well as asking the Commission for the Administration of Justice to investigate the case again.

The CAJ took a year to investigate case. Judge Farrugia Sacco is expected to retire in August 2014.

Deputy Prime Minister Louis Grech said the government was prepared to present a new impeachment motion.

Speaker Anglu Farrugia will tonight hand down a ruling that will determine how the government and opposition will proceed on the Judge Lino Farrugia Sacco impeachment case.