Chief justice resigns

Chief Justice Noel Arrigo yesterday personally tendered his resignation to President Guido de Marco, apologising to the public for what he had caused and expressing regret at the manner in which he had been "pre-judged".

Prof. de Marco accepted Dr Arrigo's resignation.

The resignation from the Bench, which takes immediate effect, means that the impeachment proceedings instituted against him earlier this week will be automatically dropped.

This latest development comes five days after Dr Arrigo and Mr Justice Patrick Vella were arraigned over bribery charges.

There is as yet no indication what Mr Justice Vella intends doing. Contacted at his home, the judge would not comment at this stage.

Eight days ago, the prime minister announced that Chief Justice Arrigo and Mr Justice Vella were being investigated by the police over claims that they accepted thousands of liri in return for reducing a convicted man's prison sentence on appeal by four years.

Chief Justice Arrigo showed up at the Palace, in Valletta, yesterday, just before 1 p.m., accompanied by his lawyers, Dr George Abela and Dr Joseph Giglio - without any police escort - to submit his resignation.

Dr Arrigo was granted bail after his arraignment on condition he does not leave his home except for medical reasons.

Following the meeting, which lasted for less than half-an-hour, Dr Arrigo, looking calm but preoccupied, approached reporters waiting outside the Palace and handed them a copy of the letter he had just presented to Prof. de Marco.

In his typical outspoken style, Dr Arrigo said in his letter he recognised that these unhappy circumstances had damaged the administration of justice and the judiciary.

He said it would not be befitting an institution such as the judiciary to be put in a dishonourable situation for the actions of one of its members.

He also apologised to the public for what he had caused.

This, he added, referring to his resignation, was the only step he could have taken to see the administration of justice returning to serenity and normality.

He pointed out that his resignation should not prejudice the court procedures he was facing and which he would be contesting.

In his letter, Dr Arrigo hinted clearly that he would be challenging the case on grounds that he could not have an impartial and fair trial because of comments that had been made before he had even started being interrogated.

He said he was sad and concerned at the way he had been "pre-judged" and his position prejudiced. He said this would affect his fundamental rights for an impartial and fair hearing.

Dr Arrigo did not elaborate.

In his pubic announcement of the police investigations into the two judges' conduct, Dr Fenech Adami had said that the two judges had been asked to reduce the jail term by four years in return for thousands of liri. Further police investigations had revealed that the money had in fact reached the judges, the prime minister had said.

In his letter of resignation, Dr Arrigo also declared that notwithstanding his actions, he felt it was appropriate to reassure Prof. de Marco that in delivering, along with the other two judges, the appeal sentence - in which the jail term of Mario Camilleri, known as l-Imniehru, was reduced by four years - he had decided according to what his conscience had dictated to be just and according to the law.

Speaking to reporters following his meeting with Prof. de Marco, Dr Arrigo said he would like to make two points to reinforce what he had already stated in his resignation letter.

He said he had resigned because he still loved the courts and the administration of justice and that he felt this was a wise step to take for serenity in the law courts to prevail.

Dr Arrigo encouraged the media to continue reporting on the case but to allow him as a normal citizen to defend himself in court.

He said he had always enjoyed good relations with the press and he appreciated that journalists had duties to carry out. However, he would ask the media to be cautious in its reporting so that he would be able to defend himself as any other citizen of the country.

Dr Arrigo thanked the journalists for the work they were doing: "You are doing your duty as I did throughout my life."

Dr Arrigo and Mr Justice Vella were arraigned on Sunday afternoon and charged with accepting bribes and with revealing official secrets in relation to a sentence handed down by the Court of Criminal Appeal against Camilleri on July 5.

The charges were aggravated by the fact that they were public officers duty bound to prevent the crime.

Both pleaded not guilty.

The two judges on Monday wrote to Prof. de Marco saying they would like to refrain from carrying out their duties, adding they were not resigning their post.

A motion for the impeachment of the judges, signed by the prime minister and by the leader of the opposition, was presented to the Speaker on Monday evening.

The President, acting on the advice of Dr Fenech Adami, has designated Mr Justice Joseph David Camilleri to perform the functions of the Chief Justice while the process takes its course.

Prof. de Marco on Wednesday called the first meeting of the Commission for the Administration of Justice which dealt with the procedures to be followed throughout the case.

According to law, the two judges were given time to submit their version of the case.

This is the full text of Dr Arrigo's letter to the President:

"I refer to my letter of August 5, 2002, in which I had asked not to continue with my duties as chief justice; the letter was meant as a temporary measure in the light of the evolving situation.

"I realise that the unhappy circumstances which have given rise to this letter have done harm to the administration of justice and to the judiciary.

"Therefore, I feel I have to do my best for this damage to be mitigated as much possible. It is not befitting an institution such as the judiciary to be put in a dishonourable situation for the actions of one of its members. An institution that has always enjoyed high respect throughout its history deserves much better than this.

"I hope that, personally, during my term as judge and, later, as chief justice, I contributed to the full towards the strengthening of this institution.

"These are the thoughts which led to my taking the decision to resign with immediate effect. I believe this is the only step I could have taken in the best interest of justice and for the administration of justice to return to serenity and normality which is much desirable and needed.

"My resignation should be taken in the light of the interests I have just mentioned and without any prejudice to the court procedures I am contesting.

"Notwithstanding my actions, I feel it is appropriate to reassure you that in delivering the sentence, which is the subject of the proceedings initiated in my regard, which decision had been taken together with the two other judges, I had decided according to what in my conscience I believed to be just and according to law.

"I must confess that I would not be doing justice to our legal process if I do not express my regret and concern at the way I have been 'pre-judged' and my position prejudiced even before my interrogation had started. Whatever the circumstances, and in the due process of law, this should never take place and there is no doubt that this would seriously affect my fundamental rights for an impartial and fair hearing that any citizen should have. On this point I will continue to reserve my position.

"I also feel that, through your office as head of state, I should apologise to the public for what I have caused."