Court makes a point on an order

A civil court yesterday ruled that it had no jurisdiction to hear and decide a case dealing with an order titled Ordo Byzantinus Sancti Sepulchri.

This judgment was delivered by Madam Justice Abigail Lofaro in a case filed by Alfred Joseph Baldacchino, as grand master of the order, against Carmel Sandro Calleja and David Formosa.

Mr Baldacchino told the court he had been appointed grand master in December 1986 but Mr Calleja and Mr Formosa were falsely calling themselves grand master vicar and grand chancellor.

They were also using letterheads containing the emblem and name of the order and were organising meetings. Mr Baldacchino asked the court to declare that such action was illegal and abusive and to order them to stop passing themselves off as grand master vicar and grand chancellor.

Mr Calleja and Mr Formosa submitted that the court had no jurisdiction to hear and decide the case. Madam Justice Lofaro pointed out that the law clearly laid down that no recognition was to be given to titles of nobility and that no order was to be recognised unless in terms of law. Orders could be recognised if they were granted by some foreign state or order with which Malta had diplomatic relations. No public authority could recognise any titles of nobility or any honours save in terms of law.

In this case, the court ruled, Mr Baldacchino was not asking the court to recognise him as grand master of the order. He had asked the court to prohibit Mr Calleja and Mr Formosa from passing themselves off as grand master vicar and as grand chancellor.

If the court were to decide on this case and rule on the appointments of Mr Calleja and Mr Formosa it would be implicitly granting recognition to the order.

The court therefore ruled it had no jurisdiction to hear this case.