Norman Lowell demands fair hearing by the courts
Norman Lowell this morning filed a Constitutional application insisting that he was denied the right to a fair hearing when an appeals court last October threw out his appeal over a Magistrates’ court decision “because of a technicality.”
The leader and founder of Imperium Europa, who had ran unsuccessfully for the 2004 Euro-parliamentary elections, had been found guilty of inciting racial hatred and insulting the President of Malta in speeches in Rabat and Qawra in 2006, carried on the Internet. He was eventually given a two-year jail term suspended for four years and fined €500. As a result, Mr Lowell was disqualified from taking part in the Euro-parliamentary elections next June.
The Criminal Court of Appeal had declared an appeal application by Mr Lowell and his lawyer Emy Bezzina null on grounds that it was not filed in the correct format as provided by law. According to law, an application for an appeal must have a brief statement of the facts, the grounds of the appeal and a demand that the judgement of the first court be reversed or varied.
The court ruled that when Dr Bezzina gave a brief statement of the facts in the appeal application he was economical with words in his description of the facts to an extent that it rendered the application null.
Dr Bezzina in a press conference this morning insisted that the law did not define how brief the brief statement should be.
He said this was a serious case now only because Mr Lowell, as leader of a political party, was being impeded from standing for the European Parliament elections, but also because the people had a right to know the interpretation of the Appeals Court on freedom of expression, communication and opinion as well as the interpretation of the court of matter carried on the Internet.
The Appeals Court, he argued, had dismissed the case without going into the merits of the case and Mr Lowell was therefore claiming he was denied the right to a fair hearing.
Mr Lowell said he had confidence in the Constitutional Court because the courts had a tradition of standing up to the executive, as happened during the war,when Maltese were about to be deported.
This, he said, was his final chance to defend the people’s freedom and to ensure that Malta did not suffer the torment which other countries such as the UK, France and Germany, were suffering.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Carm Mifsud Bonnici resigns after...
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Joseph Calleja condemns portrayal of...
Carm Mifsud Bonnici resigns after...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
30 Comments
Post comment
Please sign in or create your Account to post comments.
Ivan Attard
Feb 11th 2009, 22:12
Good luck Norman Lowell. I am sure the other political parties dread to think what harm you would cause them in the forthcoming European Parliament elections.
victor vella
Feb 11th 2009, 21:33
Robert Callus.
I am sorry to have to draw your attention to the fact that I never said everybody should practice the same religion.But let me practice mine as much as you want to practice yours and if our culture is based on the RC Faith then don't ask me to change it
Jesmond Micallef
Feb 11th 2009, 13:13
@ jcmicallef
This happens not just in Malta, but very very much elsewhere too. In societies which are still Feudal in nature, this is much often the case !!
Franco Xuereb
Feb 11th 2009, 12:29
I do not agree with some of your thoughts and how to tackle them, but then again that's your opinion and I respect it, after all we are living in a democracy country , are we ????
Yes, some of the things that you said will happen to Malta unless we take action to solve the problem.
In the meantime I wish you Good Luck, Mr. Norman Lowell.
jcmicallef
Feb 11th 2009, 08:36
In this funny country, freedom of expression stops the minute you start saying what some people don't want to hear.
Try to go to one of the popular TV programmes to air your views, and see how you whould be shunned by the presenters if your subject is beyond their agenda.
As a sideline - quite strange for Dr. Emy Bezzina to be "economical with words" as quoted.
S.Agius
Feb 11th 2009, 07:25
1. Instead of attacking african muslims who come to Malta it is better to see how our Christian way of living is...that would be a great concience exam for the coming lent.
2. Right of Speach...good...but in respect towards others...were the sole to be discussed are the arguments and not the person...illegal immigrants or refugees included.
3. No one will take the cross from our public places...who don't suffer them...better look somewhere else....to "survive"....don't you see that the only hope of the world is in that cross who in his silence reminds us what true love is.
4. Immigration problem must be addressed for it's leading to racism...dmir ta' min imexxi li jara li din tissolva malajr kemm jista jkun
Robert Callus
Feb 11th 2009, 02:13
@victorvella
I'm sorry, but it's the church the one imposing the lack of rights, including that of freedom of expression, such as the farce condemning healthy sex education text cause it uses the word 'condom'. And this not for the sake of African communities.
It is the Catholic church that wants to impose its way on gay rights and divorce (by state laws)
And it is quite arrogant to use the term 'our religion'. Yes Malta has a majority of Catholics, but that does not mean it should be everybody's religion. I don't mind you, any other Catholic, Muslim, Hebrew or Buddhist practicing your religion. It's your right. But please don't impose it on the rest
victorvella
Feb 10th 2009, 20:18
I agree with Marcel Dingli re the wearing of reigious icons, remember that in UK a couple of years ago it was suggested that they do not decorate public places for Christmas.A nurse is currently suspended for telling a patient to trust in God and pray.Very soon we will have the african comunity asking for rights which go against our religion, and with their numbers growing every day then I fear that we are on the verge of a cultural revolt.But to go to the article, freedom of expression is one thing, but inciting and saying foul things against the president is another thing.
Robert Callus
Feb 10th 2009, 18:08
@Marcel Dingli
Crucifixes is another story. I don't want it to be criminalised, once again freedom of expression.
However, not only the state controls freedom of expression, but the not so invisible hand of the church. Why should we have cruxifices be in our classes to continue reminding us that we must be Catholics.
As an agnostic I find this quite offensive. Though I would definitely like them removed I won't go to the extent of criminalising them though
Noel Cutajar
Feb 10th 2009, 08:34
What Etienne Calleja has stated is a fact agreed upon by many decisions taken up by the Courts. As for Hyde Park, that has been a custom for years and the only glitch is that once you state those things away from Hyde Park you will be arrested. So that is not Freedom of Expression but mere tolerance and custom. Other than that same speech done a few meters away will result in your arrest. Inciting is one thing while expressing ideas and thoughts is another thing.
Marcel Dingli
Feb 9th 2009, 22:50
@ Dr Calleja
It depends on the Criminal Laws. Very soon we would be considered criminal if we wear a Crucifix or have Crucifixes in our classrooms, as happened in other European countries.
John POTRELLI
Feb 9th 2009, 21:51
The basic right of freedom of speeech should be granted all citizens,if you don't like what is being said.You also have another freedom.DON'T LISTEN
D Farrugia
Feb 9th 2009, 21:41
Censorship on plays & drama, Censorship on freedom of expression ....Did we vote to form part of the EU or communist China!!!???
Jesmond Micallef
Feb 9th 2009, 21:11
Take Europe's biggest economy, Germany, it has gone through two dictatorships, yet it protects so dearly the hard earned principles of democracy. So protective is the German nation of this hard earned treasure that it even has problems banning the Neo Nazi movement,....considering the past !!!!
So yes, freedom has its limitations, indeed. The above just proves it.
When it comes to what one says in public reminds of the political rallies in Malta of the eighties when prominent Maltese politicians chanted slogans of bloodshed for freedom !!! Not one single HONOREVOLI politician has ever been made accountable for this.!! YOU TELL ME DEAR READERS WHAT YOU CALL THIS.
Good Luck, Mr. Norman Lowell. I might still not agree with you on ceratin matters, but that's my opinion, and you have yours.
Rober Callus
Feb 9th 2009, 18:10
@Dr Etienne
It is true - freedom of speech has its limits. Inciting racial hatred goes against these principles. However, Norman Lowell, despite some (not the majority) of his comments could be labelled as inciting racial hatred, most Maltese know it is a parody.
Dr. John Zammit
Feb 9th 2009, 18:06
If Malta is democratic, Norman should be given the Presidential pardon and be free to participate as a candidate in the European Parliament Election.
r.lewis
Feb 9th 2009, 17:43
@Dr.Etienne A.Calleja. You quoted that you are a lawyer and was in the police force.Have you by any chance ever been to Hyde Park Speaker's Corner in London. Thats were freedom of speech is cause you can say whatever you like. If you want to listen you stop and listen, and if you dont want to listen you keep on walking. Thats what we need here something like Speaker's Corner, at Ta' Qali, and sure it will be a hit.
Ivan Delia
Feb 9th 2009, 17:32
sometimes i had the time to hear some vidoes submitted on youtube... where norman lowell express himself against all type of imgration.... you can laugh at him how much you want but inside your deep heart eeryybody knows his speaches makes sense...maybe not in the coming months....but in years one day we will say norman was right...in malta now there is more black... then whites..and this is only one point...there is more to think about all the illegal imgration we are suffering in malta. i wish to know why our prim minister is silent at this moment regards this subject.
Dr. Etienne A. Calleja
Feb 9th 2009, 17:13
Every freedom has its limitations and you cannot claim an infringement of a freedom when through the illegitimate exercise of your right you impinge upon the rights or freedoms of others. The freedom to express oneself is no exception. Besides, the Criminal Appeal filed by Norman Lowell has nothing to do with freedom of expression. It is a question of legal procedure and its observance thereof. So, unless any of you talking heads is a legal beagle, you ought to refrain from expressing yourselves on things you know nothing about. And my saying that, does not in any way impinge upon your right to freedom of expression, it doesn't deny it.
But just because one is free to express himself it doesn't mean that he always ought to exercise that right. Nor does it mean, as I said before, that he can exercise that right in any way he pleases, without any restraint whatsoever, and without any consequences. If in expressing yourself you breach, say, the Criminal laws, then you have to pay and suffer the consequences.....whatever they may be.
Dr. Etienne A. Calleja is a lawyer in private practice and a former member of the Malta Police Force.
sciberras paul
Feb 9th 2009, 17:11
It looks that all the political parties are scared stiff that if he is allowed to take part in the forthcoming MEP election he will do better than anyone expects. Give him a fair chance then.
ray pizzuto
Feb 9th 2009, 15:39
Mark camilleri. Norman doesn't speak nonesense. it's the way he puts across his message that drive most people away from his way of thinking. We are seeing most of his warnings taking shape before our eyes. if norman were to mellow his speeches he would gather quite a gathering. perhaps that's why the authorities are making it difficult for him to stand for the MEP elections.
Robert Callus
Feb 9th 2009, 15:09
I disagree with most things Norman Lowell says, but I definitely agree he has the right to say them.
Mark Camilleri
Feb 9th 2009, 13:43
Even if he speaks nonsense I still believe that it should never hinder the freedom of speech.
Jesmond Micallef
Feb 9th 2009, 13:43
Freedom of Speech is a right which should be treasured and respected. It is the fruit of one's individual thinking. It consolidates the fact that each person is simply unique. Just like this gentleman, Norman Lowell.
Good Luck, Mr. Lowell. I might not be in complete agreement with your views, but you have my respect.
F.Bartolo snr
Feb 9th 2009, 13:39
I was always told to believe that Malta is a free and a democratic country and everyone has the right to express their opinion, or am i mistaken or missread the Maltese constitution the right to free speach unless i mistaken Malta for such countries as China or Turkey maybe.
Charles Sammut
Feb 9th 2009, 13:25
@ Chris Borg
I also hope so otherwise there will be a strong pong that the courts are being used for political ends.
It has happened before, in the dark ages, of course.
Eric Soames
Feb 9th 2009, 13:24
Everybody deserves a fair hearing.
J.Briffa
Feb 9th 2009, 13:03
If we are a true democratic society, with freedom of speech. No body should interrupt anyone to speak out or to contest elections, then the people should decide not the judge or any government. Here, in this country, many people says that they are Warriors of Freedom, Liberty and Democracy but these people would like to interrupt and ban other people because the other people has different views of life.
Rodney Testa
Feb 9th 2009, 12:47
@Chris Borg
Well said Chris. I wish to see candidates of different opinions and beliefs standing for the Euro Parliament elections.
More than that I think that candidates who are not so Pro-EU will perform much better.
Chris Borg
Feb 9th 2009, 12:11
I do hope that the Magistrates’ court decision is reversed so that no one is denied the chance of standing for the Euro Parliament elections.