Commission investigates judge, magistrate

The Commission for the Administration of Justice is investigating a judge and a magistrate over possible breaches of the code of ethics regulating the judiciary.

Sources said the commission was considering what steps to take in regard to Mr Justice Lino Farrugia Sacco and Magistrate Antonio Mizzi, who have been involved in public controversies over the last few months.

Mr Justice Farrugia Sacco is chairman of the Malta Olympic Committee (MOC) and President of St Joseph Band Club in Hamrun. Magistrate Mizzi is the MOC's media director and the president of the Malta Basketball Association.

The code, which is binding under the Constitution, lays down that members of the judiciary should not accept any post that may hinder them in their duty or restrict them in the full and correct performance of their duties.

It also binds them to conduct themselves, both in and outside court, in such a manner as not to put into doubt the independence and impartiality of the office they hold. They cannot comment or give interviews to the media or speak in public on matters that are sub-judice. They are also to refrain from communicating with the media and pronouncing themselves in public on matters that constitute a public controversy.

"In general, members of the judiciary shall not seek publicity or the approval of the public or the media," the code says.

Last January, Minister Louis Galea revealed that the Chief Justice had asked Mr Justice Farrugia Sacco and Magistrate Mizzi to ensure they were in conformity with the provisions of the code in view of the fact that they had expressed disagreement with aspects of the Sports Act through public positions they held outside the courts.

The MOC had criticised the Act, which came into force in January 2003, for being in violation of the Olympic Charter.

"The public declarations made by Mr Justice Farrugia Sacco and Magistrate Mizzi in their positions as senior officials of the MOC justified the Chief Justice's concerns," Dr Galea had said.

Deploring the minister's statements, the MOC had declared that the two were democratically elected on a personal basis and not due to their being members of the judiciary.

Besides this issue, sources said the Commission was looking at the contents of an interview Magistrate Mizzi gave to a section of the local press.

With regard to the judge, the Commission is also looking at the links he has with St Joseph Band Club. Letters in various sections of the press have recently complained about the way the club was being run.

There has also been a court case involving club members. Committee member Charles Camilleri was recently fined Lm300 for defaming club member Louis Cuschieri by falsely alleging he was a fraudster. The allegation was made during a campaign in which Mr Cuschieri was contesting the post of club president, occupied by Mr Justice Farrugia Sacco.

In its judgment, the Magistrates Court, presided by Magistrate Joseph Apap Bologna, stated that: "It would be prudent for people occupying certain positions not to involve themselves in such situations."

The sentence was confirmed by Mr Justice David Scicluna on appeal. The Criminal Court of Appeal ruled that Mr Camilleri had approached members of the band club and tried to influence them not to vote for Mr Cuschieri by claiming he was a fraudster.

"This was a very serious matter that could have had more repercussions than the loss of a post in the committee of a band club," the appeal court said.

Parliamentary Secretary Carmelo Mifsud Bonnici told il-Gensillum newspaper on Saturday that "the Code of Ethics for the Judiciary is very clear.

"No judge or magistrate should take any position and involve himself in issues that have nothing to do with his role as a member of the judiciary. Every member of the judiciary should follow the example of his colleagues and focus his time and attention on the cases pending before him.

"We have to accept the fact that there can be situations where, as the Code of Ethics says, incompatibilities can be created when a judge or magistrate is put in a situation where he is vulnerable to attacks on other issues.

"I think it would be a mistake for one to expose himself in this way, both for him as well as for the rest of the members of the judiciary. In a democratic society such as ours, people expect the Code of Ethics to be followed," Dr Mifsud Bonnici said.