Updated | Government ‘condemns’ Opposition over Farrugia Sacco comments

Farrugia Sacco retirement 'black day' for judiciary • Video by Ray Attard

The Nationalist Party has dubbed Judge Lino Farrugia Sacco’s retirement today as a “black day” for the principle of accountability, after the judge finally managed to scuppered impeachment proceedings hanging over his head.

“It’s a sad day for the principle of accountability and those who hold the respect to the judiciary at heart,” deputy leader for parliamentary affairs Mario de Marco said outside the law courts in Valletta.

In a reaction, the government condemned the Opposition for taking a partisan political stand over “such sensitive matters” such as the impeachment of a judge.

“The Opposition and its exponents are well aware that the government acted responsibly throughout the whole process, following Constitutional procedures,” the Ministry for Justice said.

“Contrary to the Opposition, the government is not prepare to sideline issues of fundamental human rights, the core of our democratic system.”

Karol Aquilina, president of the PN’s administrative council, said justice had not been done with the judge, who was twice found to have ‘misbehaved’ by the Commission for the Administration of Justice.

Farrugia Sacco was found in breach of the judiciary’s code of ethics for retaining his post as president of the Malta Olympic Committee, when two undercover reporters from the Sunday Times of London approached him and secretary-general Joe Cassar in an attempting at circumventing ticket sale rules for the Sochi Winter Olympics.

Prime Minister Lawrence Gonzi started impeachment proceedings by submitting a complaint to the CAJ, but by the time the commission reached its decision late in 2013 Gonzi had resigned from parliament, a circumstance that effectively killed the motion.

Joseph Muscat resubmitted the impeachment motion instantly, while the CAJ reconfirmed its original decision once again, leading to Farrugia Sacco contesting the decision in the law courts.

“Today is a victory for those who think they are above the law. It is a sad day for all those who believe in good governance and those who believe that justice should be done with everyone, including members of the judiciary. Today only serves to help undermine the people’s trust in the judiciary,” de Marco said.

The Labour government has argued that it could not go ahead with the motion in view of a possible breach of human rights raised by Farrugia Sacco.

But according to de Marco, the parliament is supreme and the country’s highest institution cannot be put on hold because of the court cases.

“Where does it stop? And, if it is eventually proven that his human rights were breached, there are remedies. But this doesn’t stop parliament from discussing the matter. Moreover, his impeachment was not a foregone conclusion... The government holds a majority in parliament,” he added.

Aquilina also alleged that Farrugia Sacco was “protected” because his son, David Farrugia Sacco, was a Labour candidate who had “the right contacts”.

“Justice is just like some document for the government. No matter how many consultations it holds, facts matters: the minister for justice had a test to prove that even members of the judiciary should be held accountable.”