Updated | Muscat must not hinder judge’s removal – Fenech Adami

Nationalist Party deputy leader for party affairs Beppe Fenech Adami has called on Prime Minister Joseph Muscat to proceed immediately with an impeachment motion against Judge Lino Farrugia Sacco, after a constitutional court found no breach of the judge’s human rights.

The court confirmed that the reconfirmation of Farrugia Sacco’s breach of the judiciary’s code of ethics, in a second, consecutive impeachment motion, did not breach his right to a fair hearing when it merely reconfirmed its original decision.

The second impeachment motion was filed by Muscat after the Speaker of the House ruled the original motion to be inadmissible since its original proponent, Lawrence Gonzi, was no longer an MP.

But Muscat is claiming that Farrugia Sacco may still want to exhaust all legal avenues before the House proceeds with hearing the impeachment motion.

“The prime minister should proceed with the motion and not hinder his removal. Otherwise, he would be undermining the people’s trust in the courts,” Fenech Adami said in a statement.

“The prime minister’s statement that he will give Farrugia Sacco time to decide what steps to take is a challenge to the Speaker, who recently ruled that no court proceedings can stop the work of parliament. It is evident that the government wants to delay the process until Farrugia Sacco retires [in August] without justice being served,” Fenech Adami said.

The MP said it was useless for a justice reform to take place if the government was undermining the judiciary’s credibility.

“It is important, now more than ever before, that the public trusts the judiciary. That is why the prime minister must be serious and stop undermining this important institution.”

On its part, the government urged the Opposition “to be mature” and stop using the case to gain political mileage.

The government argued that Farrugia Sacco was alleging breach of his fundamental rights by the Commission for the Administration of Justice, which could also be breached by the Parliament.

The government said the Opposition should be aware that individuals alleging breach of human rights availed themselves of the right to take the case to the court. It added that even though the court of first instance had ruled in favour of the defendants – including the Prime Minister – the ruling could still be appealed.

It however augured the procedures are concluded shortly.