Judge denies conflict with code of ethics
The president of the Malta Olympic Committee, Mr Justice Lino Farrugia Sacco, today defended himself from criticism that his role as MOC president was in breach of the code of ethics for the judiciary.
Replying to questions during a press conference following his re-election to the helm of the sports organisation, Mr Justice Farrugia Sacco said that according to the Constitution of Malta, the terms of office of a member of the judiciary could not change after his appointment and the code of ethics therefore did not apply to him.
(See video)
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M.Gauci
Nov 14th 2008, 15:38
@Frans Sammut. This is not always the case. Recent history has proved otherwise.
martin borg
Nov 14th 2008, 10:07
Question ??
Can anyone enlighten me as to whether other judges, magistrates sit on committees, be they sports, charity, social or what have you. ?
If the answer is yes (as has been rumoured to be the case) then why is the code of ethics book being thrown at them only ???
Frans Sammut
Nov 14th 2008, 09:15
@Joe Vella
I understand your reasoning. On the other hand you may understand also that in the hypothetical case you brought up, persons of integrity have the option to leave that specific case for some other judge. This happens quite often, in fact. Each time a judge feels s/he may be somehow involved or may have a remote interest in the case s/he retires from it and it's redirected to some other court of law. If this option did not exist, judges would not be able to live a normal life particularly in a small community like ours.
Joe Vella
Nov 14th 2008, 08:47
@ Robert Abela
If you are really a lawyer having publicly commented then Justice Farrugia Sacco and Magistrate Mizzi should not hear cases in which you are involved. By publicly commenting you have compromised Justice Farrugia Sacco and Magistrate Mizzi in disposing their duties in cases that you might be part before them.
When Justice Farrugia and Magistrate Mizzi accepted their appointment to the bench they did so fully knowing that their status in society is no longer that of a lay person.
No one is denying their right to be involved in sports associations or the community, but if they make that decision they should return to private life and practice law instead of administering it.
Ruben Baldacchino
Nov 13th 2008, 23:55
Good reply Mr. Justice Lino Farrugia Sacco. Let's keep up the good work these people are doing in sports, especially those working voluntarily - for the love of sport.
Maria Gauci
Nov 13th 2008, 23:12
A decent gentleman and an exceptional member of the judiciary! He said it once again - his first priority was, is and will remain his job. Where's the problem? What is he in breach of exactly?
Robert Abela
Nov 13th 2008, 22:29
It is indeed shameful that instead of being thankful to two people of such integrity as Mr Justice Farrugia Sacco and Magistrate Mizzi for all the sterling work which they are doing to promote sports in Malta, without getting paid one cent for it, some sections of the media have taken to attack them. Mr Justice Farrugia Sacco has commented that for him work at the law courts comes first. As a lawyer who regularly appears before Mr Justice Farrugia Sacco, I can vouch that that is indeed true - the same applies to Magistrate Mizzi. Well done Mr Justice for your re-election and good luck for the coming term!
A.Dalli
Nov 13th 2008, 22:21
Popular positions like these and being a judge do not go hand in hand.
When a judge also occupies such popular positions he could be approached for favours, Malta is small, everyone knows everyone. While anyone can say that just because a judge is approached for a favour does not mean that (s)he will give in, on the other hand a Judge is not super human and temptation tickles everyone.
I am not in favour on judges occupying popular positions part time.
Maria Falzon
Nov 13th 2008, 22:19
storm in an espresso cup
Joseph E Briffa
Nov 13th 2008, 22:15
I can't understand for the life of me why there should be any objections to Maltese judges and magistrates holding posts of presidents of sports associations. For one thing, I believe there are sports associations in other parts of the democratic world where judges and magistrates hold such posts and for another I would think that the fact that sports associations have members of the judicature and the magistracy as their presidents gives an aura of respect and integrity to such associations.
Joseph Borda
Nov 13th 2008, 21:43
Congrats........Mr Justice Farrugia Sacco.Keep doing your good job.Your work is much apprecaited by most of the Maltese who really apprecaited sports.........
Joe Vella
Nov 13th 2008, 21:19
@ Frans Sammut
The issue is if a judge has to hear the case of an individual/organisation that is involved with the sport that a Justice is associated with. Or for that matter any individual that in the past/present/future is associated with a company/organisation, such as the MOC, and approached/might approach for funding.
There is a Code of Ethics and it must be adhered to.
In practice anyone in Malta can be exempted from having the judge presiding over any case by simply expressing an opinion on this subject.
Things are never black and white as sometimes they seems to be.
Frans Sammut
Nov 13th 2008, 20:46
I really cannot see why all this fuss over persons of integrity like Mr Justice Lino Farrugia Sacco being also president of the Malta Olympic Committee. The latter position should in no way diminish the stature and dignity of the former. On the contrary I should think such positions are enriched when they are occupied by such persons of probity.
SIMON AMATO
Nov 13th 2008, 20:29
CONGRATS Mr Justice,.. YOU'RE DOING A GOOD JOB AND YOU DESERVE MORE APPRECIATION TOGETHER WITH MAGISTRATE ANTONIO MIZZI. YOU ARE A TRUSTED PERSONS AND MALTA NEEDS MORE LIKE YOU!. ALL MY SUPPORT TO YOU BOTH