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Norman Lowell loses appeal case

The Criminal Court of Appeal has declared null an appeal by Normal Lowell from a Magistrates’ Court judgement which had found him guilty of inciting racial hatred and insulting the President of Malta in speeches in Rabat and Qawra in 2006. He had been handed a two-year jail term suspended for four years, and fined €500.

The Appeals Court declared the appeal application null and and abstained from further consideration of the case.

In comments outside the court, Mr Lowell, leader of the right-wing Imperium Europa party, said “the fight for liberty goes on”.

His defence counsel, Emy Bezzina, said the court had rejected the appeal on a technicality, finding that the statement of facts was too brief. The court, he said, had not gone into the merits of the case, which centred on freedom of expression.

He said that as a consequence of this decision, the suspended jail term now became operative. As a result, Mr Lowell would not be allowed to stand as a candidate for the European Parliament elections in June.

Dr Bezzina said this was viewed by Mr Lowell as a denial of his rights in a democracy, and a constitutional case would be filed.

He said that if needed, the case would also be taken before the European institutions.

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Comments

s.micallef (on 17/10/08)
we talk about tolerance and so be it we tolerate the influx of ILLEGAL IMMIGRATION, so we give them refuge we give them all the right we no longer have. we are so smart that we do not look after our own as they do. just try and walk along at night in bugiba or any part of the island and tell me you feel safe like we once did! after all we must not forget they are hear ILLEGALLY and we pay our way!!!
David Seychell (on 17/10/08)
I am willing to listen to all different opinions; be it pro or against abortion, pro or against divorce, pro or against illegal immigration etc.

I would like to live in a society where if someone has a different belief/opinion, he would not be suppressed but be given the chance to express his views and then whoever disagrees would have the opportunity to challenge this belief/opinion with valid arguments and not with oppression. The best way to 'beat' a fallacious belief/opinion, is not to suppress it with taboos or fear of being labeled racist etc, but to counter-debate it.
G. Curmi (on 17/10/08)
Everyone has a right to free speech by commenting about the illegal immigration situation facing Malta; even to go as far as to suggest legal solutions like deportation. However, when someone makes public comments that incite violence against others and publicly espouses the extremist concept of racial supremacy; that person has crossed the line between freedom of speech and criminal territory.

In all of this, many people seem to be forgetting that wise old Maltese saying - "Ħanqa ta’ ħmar qatt ma telgħet is-sema” It appears to apply admirably to Norman Lowell.

This is not to say that we should ignore Norman Lowell’s extremist racist views. We must be careful not to make the same mistakes that the German people made in the 1920s and 1930s when they underestimated a certain Austrian ex-corporal. Germany, and the entire world, paid a heavy price for that mistake. We must keep a watchful eye on the likes of Norman Lowell and we certainly must make every effort – by not voting for him – to prevent him from representing Malta in the European Parliament where he can humiliate our nation by presenting his extremist views as those of our nation.
Joseph Galea (on 17/10/08)
Nobody is denying that illegal immigration is a challenge but one cannot meet this with the extremism of the past and bankrupt ideas. Perhaps what we need is a think-tank under the leadership of Prof. Edward DeBono to try to come up with innovative ways of tackling this thorny issue.
deb bugeja (on 17/10/08)
Was there a maltese woman journalist who was taken to court just because she expressed her opinion regarding this matter.

Where is democracy?
G Zammit (on 17/10/08)
So true Mr Farrugia, but hey anytime is a good time for a joke!
Dont you think?
G. Curmi (on 17/10/08)
Everyone has a right to free speech by commenting about the illegal immigration situation facing Malta; even to go as far as to suggest legal solutions like deportation. However, when someone makes public comments that incite violence against others and publicly espouses the concept of racial supremacy; that person has crossed the line between freedom of speech and criminal territory.
We must keep a watchful eye on the likes of Norman Lowell and we certainly must make every effort – by not voting for him – to prevent him from representing Malta in the European Parliament where he can humiliate our nation by presenting his extremist views as those of our nation.
Stephen Farrugia (on 17/10/08)
This immigration issue has nothing to do with the usual fight of Nationalists and Labour.
G.Zammit (on 17/10/08)
@ Ray Gatt.... do you have any idea when are we going to recieve those light bulbs promised by PN?
'pro EU' hahaha
Ray Gatt (on 17/10/08)
@ Charles Sammut - Why not vote PN? After all PN is practically the only pro EU party in Malta. Oh yes, now I remember. MLP did a U turn about EU (one of many). As for Lowell, he's too racially motivated and the courts did well to throw his appeal in the bin. I am worried too about the illegals' situation, but I would never incite violence towards them. In all of his speeches, Mr. Lowell who incidentally, as somebody already pointed out can hardly speak the Maltese language (so much for being a PATRIOT) always went too far with his comments regarding blacks. I bet most of you go to church every single day and receive the holy spirit. I'm proud I'm not a hypocrite!
@ A Caruana - One is not discussing whether we have a problem with illegal immigrants here, but merely on the way Mr. Lowell tackles the said problem. Would you be prepared to put them back on a boat and shoot to down it? Ask yourself this, as these and more are the kind of comments Mr Lowell makes.
I. Brown (on 17/10/08)
Mr A Caruana is not totally wrong in what he's saying.

Mr Lowell, though, spoke out for the first time after the emergence of Gorg Haider in Austria (the same one who had issues with wheelchair bound people, you will remember).

Similarly, Lowell thinks he is the enlightened one who believes white man is stronger than others.

This lack of tolerance has nothing to do with the influx of illegal immigrants, which should be tackled in legal ways, other than those suggested by the Lowell/Muscat/black parade.

This lack of tolerance is a paranoid craving for attention. The more importance you give him, the more we'll hear from him.
A Caruana (on 17/10/08)
The majority of you have valid points with which i agree. Yes Mr. Lowell is quite extreme in his ideas and i believe that this was his drawback. However if you think that the essence of his beliefs were wrong you are really mistaken.

If you look at Malta 5 years ago and now you see a lot of difference. Even a recent article on the Time mentioned and highlighted this problem with regards the birthrate and the influx of illegals. I must say that whether we like it or not we are headed to a multi-cultural Malta. If this is ok with you then laugh at Lowell....but honestly i do believe the consequences brought by a multi-cultural society are quite tough to withstand especially when certain cultures will outnumber your culture.

Look at London and you will see Malta in the near future. In UK there was another Lowell style person who was criticized from all sides. What he foretold came a reality. Remember that at the end of the day a nation's culture is dictated by the majority having that same culture. It wont change in a year or two ... but it will.
James Cauchi (on 16/10/08)
@ Andrew Borg Cardona

While I agree that persons robbed of the chance to vote for an individual robbed of the right to participate in an election should weigh their options and attempt to find 'the next best path' to attaining their will (which is what the political process 'should' be about) I feel that choosing not to vote is not quite the joke that you make it out to be.

You yourself display gross engrossment within a system where a citizen 'has' (as per that which you imply in your comment) to choose between the items laid upon a table. As one so versed in indulging in the culinary, you yourself would understand that there comes a point where the best option is to simply stand up and leave the hopeless establishment in search of better.

This is precisely the will expressed by the people that you so readily rubbish - so absorbed within the reflection gleened off of the bubble which surrounds you that you have reduced the spring of your personal development to a dusty trickle.

Awaken once again. You are capable of better and the light shall welcome your return.
Antoine Vella (Balzan) (on 16/10/08)
Chris Borg
"In the absence of Norman at the forthcoming MEP elections, who may one vote for now,. . ."

Maybe Damian Iwueke will stand again. I'm sure 'Norman' will want you to give him your vote.
Carmel Saliba (on 16/10/08)
Norman Lowell speeches are hard when referring to the illegal immigration of those of different colour from ours. Being black or white illegal immigration should never be accepted.

Although he was hard in his speeches, his message was that action should be taken to control this illegal situation. It was only during the last days that Europe accepted to help voluntary in our delicate and hard situation. Malta had to tackle this situation alone or to be fair with very little aid from some countries including America.

It was reported that ' the court had rejected the appeal on a technicality, finding that the statement of facts was too brief'.

I hope that Mr Lowell will file a constitutional case.



Charles Sammut (on 16/10/08)
@ Ian Sammut Dacoutros

You could have condensed your long post to just 2 words. VOTE PN
Karl Abela (on 16/10/08)
Thank God he lost the appeal. If he contested the election he wouldn't have won a seat anyway because the Maltese, although they are fed up of the immigrants, are not ready to make a mockery out of our country in front of the whole of Europe. Although some of his points are valid, he gives his politics a anti-racial twist which in this day and age is totally out of question.

In any case, even if he won a seat, that seat would not just be used of the illegal immigration case. There are a million other issues Lowell would have to handle and which are way beyond him.
Rita Spiteri (on 16/10/08)
@Rebecca Sultana
I am all for freedom of expression but there is always a limit, especially if the speech incites hatred (on any grounds).
I really agree with you the first thing that should be banned in our country are political mass meetings as from what I see (on TV) they are always inciting hatred
D vella (on 16/10/08)
pathetic... Lowell is a sick joke to the Maltese nation. I am ashamed to say he is Maltese. I'd rather denounce my Maltese passport than have him 'represent' me in any way. Disguisting
Reuben Scicluna (on 16/10/08)
Ahn'ahna jew m'ahniex?? Are these people serious?? Lowell was a joke in his first few appearances. Now he's a sorry sight... the tragic thing is that the courts have to intervene because he has the capacity to incite hatred. This means that there are people who are ready to listen to him and willing to do as he says... scary, isn't it?
But it speaks volumes about some people's analytical prowess.
Byron Camilleri (on 16/10/08)
What I cannot understand is why Lowell is so extreme in his views.
Ian Sammut Dacoutros (on 16/10/08)
@ d. borg - Again the brilliance of your comment is amazing - Invalidate your vote because of the dear Mr Lowell well done!!

To those several people who are saying that they will vote for those who take a stand against migrants - please remember that today an agreement is being signed with this in mind.

It is funny how the MLP was ok with it when our Dear Dr. Muscat was in Lybia, when he came back it was back to the 'Malta Le Party'

Or does Dr. Muscat think that with his extensive experience in the Europe he did not want us to join is going to stop these people.

Wake up and grow up!!!

Malta needs support and aid in this situation - it is not going to go away because we stop a boat from coming into Malta - that will just get us a bad image (kind of like Mr Lowell) what we need to do is get Europe's help with burden sharing!!!

Is this a typical Maltese case of 'one says black so the other must say white' - that's opposition right? Only in Malta!!
Rebecca Sultana (on 16/10/08)
How can Mr Lowell's promotion of hate values be condoned in the name of freedom of speech? I am all for freedom of expression but there is always a limit, especially if the speech incites hatred (on any grounds).
G. Zammit (on 16/10/08)
Simple, write LOWELL across the voting document! Though its a silent vote but it is still a vote.
D.MANGION (on 16/10/08)
Just do not forget that Mr. Lowell has also uttered dusgusting remarks against handicapped persons.
He is not at all the champion of the fight against illegal immigration.
He is the champion in the creation of a superior race, and for him all those who do not qualify to form part of his imaginary superior race should be eliminated from this world !
Is there anyone of you writing in his favour, really really sure that you form part of his imaginary superior race.
Let us also not forget that he has also continually tried to ridicule our language as "il-lingwa tal-bigilla". .Do you really want to have such a person to represent you in the European parliament ?
Well maybe you do deserve him. Birds of the same feather flock together.
I. Brown (on 16/10/08)
I would like to see all you under a Norman Lowell government. You'd miss Mintoff.

You want action against illegal immigration? Go to the EU, do it the civil way. It was everyone's promised land a few years ago, why has it all changed now? Have you lost your European credentials down some drain, to become intolerant zealots who would follow a stick wielding man crying out that we should fire at the boat people?

Someone mentioned AN. Fat joke. Would you trust the state coffers in the hands of someone who promised to airlift all the migrants to Brussels.

These extremists are sooo full of contradictions.
Dr.Lynn Zahra (on 15/10/08)
When the Court of Criminal Appeal annuls an appeal for lack of a formality required by law , a breach of the accused's fundamental rights may have occured. The European Court of Human Rights has often declared that a rigide interpretation of a procedural rule by the Courts breaches an accused's rights. The Judge in the Criminal Appeal Court normally accedes to request for time to file a constitutional case on such cases. I'm sure that Dr.Bezzina will be filing a constitutional case by today week.
G.HOARE (on 15/10/08)
WHO in the right mind think that if they are elected they will get rid of illegal imigrants out of MALTA they are so wrong , this is a problem to all europe but unfortunatley it hurts us MALTESE more as we are such a small country .i dont like it that there is so many of illigal imigrants in Malta but if NORMAN LOWELL thinks he CAN SOLVE THE PROPLEM THEN I BELIEVE he's out of his mind
S.Coleiro (on 15/10/08)
Are you people serious? Why are you all defending this man? He is a shame to Malta. He wants to build a European empire , but Europe would never accept Malta under such a leader. Europe is about cultural diversity, and trying to all be friends.
You say only he speaks out against illegal immigration. But he only speaks out against the Africans - he himself made it clear numerous times that he does not mind the while immigrants from Eastern Europe as they our our 'cousins' , racially speaking.
I am all for multiculturalism and learning the beauty of the different cultures in this world. Lowell doesn't realise there's nothing whatsoever 'unique' about the Maltese culture that we can preserve - what we have now is the result of long years of colonialism. And if he is such a patriot , why can't he say a sentence in Maltese without mixing it with English, Italian or Latin? How unpatriotic is that?
carmen caruana (on 15/10/08)
Good news finally.....
M. AZZOPARDI (on 15/10/08)
I will vote to that person who will fight against ILLEGAL IMMIGRATION. This is the way to
show the goverment what we,the people, think about it.
David Seychell (on 15/10/08)
AN will be very happy to hear this news. Because at the next EP elections in June, they will claim all Mr Lowell's votes. Well, obviously unless something unexpected happens to them too.
Chris Chircop (on 15/10/08)
Liberal rhetoric from diversity freaks makes me hate.Will these people be arrested and charged for making me hate?
E J Gatt (on 15/10/08)
Who are these jokers saying that they are not going to vote? Don't they know that during the last general elections Norman Lowell got a total of 84 votes!!!!
Chris Borg (on 15/10/08)
In the absence of Norman at the forthcoming MEP elections, who may one vote for now, in order to convey a strong message on illegal immigraton?
a.cassar (on 15/10/08)
Although I am concerned about the migrant situation and I have made my views known more than once I don't think that Mr. Lowell is the right person to champion this cause because of his extremist attitude.
Denis Catania (on 15/10/08)
Insulting a politician on a job he does, should not be a crime. I can understand the inciting hatred is a crime, but you have to prve that this caused people to hate due to someone's comments. I really believe that the insulting the president charge would be overturned in EU courts.
K. Mifsud (on 15/10/08)
Very well said, Simon Borg.
joseph howard (on 15/10/08)
If it happened to be the other way round & Norman came from Africa insted of Malta would he have been treated in the same manner?
Charles coleiro (on 15/10/08)
@ Miss Mary Pace

Well done Miss! Next time I suggest that you vote the Nationalist Party. You know why..... Don't trust other parties, other than the P.N. PROSIT tassew!

Charles Coleiro
Andrew Borg-Cardona (on 15/10/08)
What a farce! The people who are saying here that they won't vote demonstrate precisely why they and Lowell are taken as such a tragic joke.
Pierre Portelli (on 15/10/08)
Oh dear! Now a full dozen Maltese citizens will not be voting at the EP elections!
seychell michael (on 15/10/08)

Despite my sympathy I can never condone nor support your action - inciting is tantamount to hatred, and this is a crime not only in Malta but also in Europe.
F Bonello (on 15/10/08)
My vote will go to anyone who will promise action against ILLEGAL immigration
Joseph Sciberras (on 15/10/08)
Good decision. Malta does not need extremists and racists. I am always amazed that the media give space to such an nonentity. I suppose they do it for the comedy value.
Simon Borg (on 15/10/08)
People must appreciate that fundamental democratic rights do not come without responsibilities. Incitement is a serious offense and I would say that Mr. Lowell got off pretty lightly. One cannot use one's democratic right to freedom of expression to deny others their democratic (and human) right to be treated with equality with regard to colour or creed. Have we learned nothing?
Other politicians and public figures need to be very careful about what they say and Mr Lowell should be no exception
Antoine Vella (Balzan) (on 15/10/08)
It saves Mr Lowell from suffering yet another humiliating debacle at the polls.
Andre` Micallef (on 15/10/08)
I fully agree that the case against Norman Lowell is an infringement on his rights in a supposedly democratic country. Now the only road left is via the constitutional court. Failing that, the case should be brought forward to the European courts of justice. No stone should be left unturned in attempting to safeguard the sacrosanct right of freedom of expression and freedom of association, or else a serious precedent will be set whereby all citizens will be prosecuted not only for their utterances in public but, horror of horrors, even for their private thoughts. The last thing this country needs is the thought police trying to ferret out all dissenting voices within the established status quo. Should we come to this, nothing would be left of Malta but a travesty of democracy.
K. Pullicino (on 15/10/08)
Freedom of Speech is a Constitutional right. It says that you're allowed to say anything as long as you don't break the law.

He incited racial hatred and insulted the President. He broke the law and the Courts have a Constitutional duty to arrest him.

If he disagreed with the law he should have gotten himself elected to Parliament and changed the law. But he didn't so there's nothing wrong being done here.
d. borg (on 15/10/08)
Shame! I had already made up my mind to vote for him in the MEP elections. Now I shall invalidate my vote.
Martin Webster (on 15/10/08)
Yes Dr Bezzina,in a Democracy he would have rights of free speech but Malta is not a Democracy, like Britain it is a Kleptocracy.
The elite in this world are clinging to power using every means possible.The so called Democracies like the USA are not Democratic at all.Scratch the surface away from any Western Kleptocracy and you find nothing more than money grubbing selfish and lawless criminals.Just look at the world financial crisis and see the Kleptocrats bailing out the swindlers with YOUR money. People like Lowell are a danger to these powers as he was not afraid to put them in their true light.It is a sorry day for true Justice but the world is closing in.
D. Montanaro (on 15/10/08)
I was ready to give my No. 2 for PN. Too bad for them. I'll stay at home :)
I. Brown (on 15/10/08)
How sweet! A right wing country fighting for liberty. Pull my other one.

To my knowledge, insulting the President of the Republic is not exercising freedom of speech. Nor his continuous blabbing against African migrants.

This man is in constant contradiction... defending Maltese ideals whilst calling your party Imperium Europa (not even Ewropa!!)

Ian Sammut Dacoutros (on 15/10/08)
Well done to the law courts!!! This person has incited hatred under the guise of freedom of expression. A wise guide states that 'my freedom ends where yours begins'.

No person coming out with racist comments, especially one who is quasi in the public eye should be left unpunished. My only regret is that it is a suspended prison term.

To then even think that this person could be an MEP is even more fearful.

Ultimately I believe that Mr. Lowell is a common jester who entertains those with an ounce of sense. I do believe in weighing all people by what they say and what he says is just comical, without substance and quite frankly dangerous.
Kevin Borg (on 15/10/08)
Lowell is a character from a bygone era. He still views politics from a pre-1941 lens and he adds a filter of racisim to it.

However in my opinion, I think he was one of the first presons who reailized, or made public his realization, that illegal immigration was a serious problem. At that time a lot of us, including myself, used to hear his speeches and laugh at his opinion that one day these immigrants would pose a heavy brunt on both the finances and the cultural status of the country. On Monday and Tuesday both discussion programs on PBS looked into the problem from these points of views. One must also say that Norman went out of the line with his solutions but again he looks at politics from a pre-1940 lens.

As for the Appeal decision, I think Mr.Lowell has been given a clear message. Although I think that the decision is a little bit heavy considering the load of insults and misconceptioned ideas we were exposed to during the electoral campaign and no court action has been taken against these. The ahna u intom reasoning in the electoral campaign those sometimes border the racial hatred borders
Dave Alan Caruana (on 15/10/08)
it is sad that denouncing people who are breaking our laws has become a crime in itself.
Ivan Attard (on 15/10/08)
He said that as a consequence of this decision, the suspended jail term now became operative. As a result, Mr Lowell would not be allowed to stand as a candidate for the European Parliament elections in June.

That is what it is all about then! That is what 'freedom of expression' leads to in this 'democracy'. Make no mistake about it though - THE RIGHT WILL BE VINDICATED JUST WAIT AND SEE!
NO GONZI OR MUSCAT - YOU WILL STILL NOT GET MY VOTE!
J Farrugia (on 15/10/08)
The courts should be ashamed of themselves for annulling this appeal on trivialities. Shame.
g.c.Forte (on 15/10/08)
Free country ? Freedom of speech? Democracy? Liberty? Will somebody tell me where I can find a good dictionary in Malta to find the explanations of the above?
Eric Soames (on 15/10/08)
Exactly! Very convenient
l Galea (on 15/10/08)
File a constitutional case and if need be in the European Court of Human Rights since this is simply a denial of freedom of expression to silence a person from speaking out against illegal migration.
silvio attard (on 15/10/08)


Prospective voters in the EP elections for Lowell, do not waste your vote. Use it wisely as you would have done had Lowell not been denied his rights.
josef sammut (on 15/10/08)
Isn’t fighting fire with fire dangerous? Isn’t this what the courts are doing? Or aren’t they?
Charles Sammut (on 15/10/08)
How very convenient!
mary Pace (on 15/10/08)
too bad, I was looking forward to vote for him,Now nobody will get my vote!

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