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Updated: Norman Lowell, Bezzina, file judicial protest over candidates' spending

European Parliament election candidates Norman Lowell and Emy Bezzina have filed a judicial protest calling for an investigation to ensure that legal provisions limiting election spending by candidates were observed in the EP elections.

The protest was filed against the Prime Minister, the Leader of the Opposition, the Foreign Minister, the Attorney General, the Chief Electoral Commissioner, the Police Commissioner, the European Commission representative office and the Office of the European Parliament office in Malta.

Dr Bezzina said that such investigations could only be launched at the request of the Attorney General and they were therefore asking the Attorney General to do his duty and order the Police Commissioner to investigate candidates' expenditure.

Should that not happen, Dr Bezzina said, a court case would be instituted.

Mr Lowell and Dr Bezzina said a number of candidates appeared to have broken the law which limits candidates' spending to €18,635.

Should the law have been broken, the election should be annulled, in terms of the Electoral Law, and held once more, Mr Lowell and Dr Bezzina said. None of the elected MPs should be sworn in before the investigation was concluded.

They said they were asking the authorities to investigate all spending including advertising and promotion on newspapers, online , mailshots and billboards.

The Prime Minister and the Leader of the Opposition were being asked to disassociate themselves from these alleged abuses.

"A few people, bought, or stole, the election, they stole the country's political destiny," Mr Lowell said "This is a plutocracy, a government by the rich for the rich," he argued.

He also called on the President to take action, saying this was his first political test.

"This election is not over yet," Mr Lowell said.

The issue was sparked by a series of articles in The Sunday Times which started even before the EP elections. The newspaper has since shown that at least eight EP candidates appeared to have exceeded the spending cap.

The Sunday Times has also been insisting that the elected candidates account for their spending, but they have so far refused to do so.

The latest story, published yesterday, can be seen on the following link:

http://www.timesofmalta.com/articles/view/20090705/local/candidates-take-expenses-oath-while-meps-remain-silent

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Comments

M. Gauci (on 8/7/09)
PLPN have 'long been asking for this'. Oooopsie.

Time for some credentials.
Christian V. Sciberras (on 8/7/09)
Yet another time politics taking up the headlines.

That would be tolerable if such things happened only rarely, however...

What is this? Fighting fire with fire? Is it possible that Malta completely lacks politically unbiased persons?

Viva [ il-politka ta' ] Malta.

Kind regards.
joe borg (on 8/7/09)
thank you norman
someone has got the guts to stand alone against the maltese political farse. left or right we are always being governed by a regime......................

we never learn.
stephen farrugia (on 8/7/09)
The people support here is huge. Something big IS going to happen.
Ludwig Flask (on 8/7/09)
Well done Mr Lowell, and Dr Bezzina do your best !
Charles Sammut (on 8/7/09)
@ Gladys Borg
"I wonder if they would have reacted in the same matter had they been elected ? "

Neither Dr Bezzina nor Mr Lowell overspent. So had they been elected they would have been fully entitled to the post. Whether this also applied to those elected is at the moment very dubious.

This issue was first brought up in respect of local council elections by "Illum". Then The Sunday Times did some serious homework and extended it to the MEP election. Messrs. Bezzina and Lowell put their money where their mouth is and did something concrete about rectifying the injustice. Did you expect the AG to take any action based on the newspaper articles?

This judicial protest has put the onus on the AG to investigate. So, it is not a matter of jumping on the bandwagon. Investigative journalism is done to increase the interest (sales) in the paper concerned. Does that detract from its value?

You are entitled not to agree with Bezzina & Lowell but that does not make them Satan & Belzebub.
Gladys Borg (on 8/7/09)
Has everyone lost the plot in this country ???

Have we all forgotten what ideals these two individuals represent ?

We should be complimenting the Times of Malta for uncovering this issue not Norman and Emmy who saw an opportunity for some glory and publicity and jumped on the Times' band wagon. I wonder if they would have reacted in the same matter had they been elected ?

The real heroes in this story are the journalists at the Times and more importantly the EP candidates who have refused to take a false oath !!!!

Patrick Pace (on 7/7/09)
Il-huta zghira qatt ma kilet il-huta il-kbira, jghid il-qawl Malti - Well done Norman, maybe this time, we can turn that around. If the law says you can't spend more than stated, than you should paiy for the wrong doing, law is equal for everyone.
Dr. John Zammit (on 7/7/09)
Alleanza Liberali - www.freewebs.com/liberalalliance - also supports Dr. Emmy Bezzina and Mr. Norman Lowell. The candidates elected bought their seat by going against the law and there should be a remedy according to the law or else Malta is not democratic. The small political parties are united against this undemocratic way of having our elections stolen in Malta and this must stop now because the people are fed up!
Mary Ann Borg (on 7/7/09)
I still contend that redoing the election is a no no. Logically yes, it should be re-run but the country shouldn't go through all this again. If a false oath is taken and verified as being false, then the law is pretty clear about such cases. On the other hand, it seems that the law and the electoral commission's jurisdiction is practically powerless in these matters. Yes I agree the law must be made stronger to avoid a repeat and any MEP candidate should be made to pay, or at least pay voluntarily, for the sake of ethics, but going for another election is too complicated and a waste of money in the circumstances.
S.Borg (on 7/7/09)
If this case was only on 1 Party, imagine, what the other Party would have exercised!!!
If this case will go un-noticed, Local credibility will surely be lost!!
I have to admit, in this case Lowell and Bezzina are RIGHT!!
L Buhagair (on 7/7/09)
It seems that in this election most candidates both Nationalists and Labourites have overspent their budget, even though no one is admitting it. Maybe some are also taking a false oath. Everyone wants a glamorous job with a fantastic pay.

What is even more shocking is that both the Prime Minister and Leader of the Opposition are not commenting on the case. Is is an obvious case of "Hokkli dahri bien inhokklok dahrek". In my opinion if they were to implement the law all MEP would have to resign and pay a hefty fine, however it was reported that the Electoral commission was not going to investigate. VERY PATHETIC.
J. Buhagiar (on 7/7/09)
I never thought I would agree with Norman about anything.
Full credit for this one Norman!

We all know that the important in business today, is Marketing!

Marketing changes everything. Marketing Campaigne raise the Awareness & Coverage to all of the market of Malta. The more you can do the more you will participate - the more your chances go from fighting to fair to a good chance. .

And the same is true in politics. The more money you have to improve the awareness the more will be you Hit Rate.

So unless this abuse is curbed and controlled; the most sponsored (the richest budget) will be governing not the best people we have.






I. Sammut (on 7/7/09)
OK, so for the MEPs to take office, an Oath/Declaration that they abided by the spending levels stipulated is necessary >> Fact

Assuming that they DO take this oath, will action be taken against them if it is proven that they made a false Oath/Declaration?

After all, the truth is plain to see, and who wants MEPs who are not trustworthy on such minor issues, anyway?

Rounding up, hats off to Mr.Lowell and Mr.Bezzina for doing their civic duty (again).
A Azzopardi (on 7/7/09)
Norman good job fighting for justice, even though the battle is probably in vain you still hope for that light at the end of the tunnel. Thank you sir.
T Mifsud (on 6/7/09)
Maturity is in the political sense (of course not personal). I do not agree that if an MEP breaks the law, authorities should close an eye as if nothing happened. Then why do we publish such laws? Either they get disqualified and second choices elected or the election failed to reach its objective and therefore a rectification one way or other needs to be done.
Charles Sammut (on 6/7/09)
@ charles pace
So, according to you, why did those MEP candidates spend 5 and 6 figure sums for their campaign? For fun? Because they are generous? Because they are stupid? Because they have more money than sense?

One candidate, who did not make it, was honest and admitted to spending €52,000 and said that it was peanuts compared to what others splashed out. http://www.timesofmalta.com/articles/view/20090628/local/ep-candidate-spent-euro-52-000

"The Prime Minister said last week he would be "extremely worried and disappointed" if anyone took false oath."

Becoming extremely worried and disappointed is not good enough. The Prime Minister is duty bound to take all measures possible to enforce the law and to see that whever breaks it is judged according to law. He won't let us down; will he?
Vladmir C Forte (on 6/7/09)
This was the right thing to do BUT we already know the outcome. They will find that loop hole and once again, they will get away with this one too. Remember, two faces BUT ONE COIN.

This is so serious that we expect the Court and The President of Malta to take action and ask for those responsible to step down without any further delays. Either the next in line legitimate Candidate should take the post, or if need be, another Election.

Shame on those people responsible when you consider that 60% of the whole population is struggling to survive thanks to the injustices this Government, in collaboration with the Opposition (which is currently spineless), are running this Country with Dictatorship and Attitude, only the strongest survive... you do what I say.

This is the Democracy we proudly preach out loud ? ? ? ?
D.MANGION (on 6/7/09)


The issue of overspending during the MEP electoral campaign had been brought to our attention by The Times, BEFORE the actual election took place.

At that point in time only AD and a couple of other candidates (mostly from smaller parties)gave a realistic account of their spending according to the rules.

For the rest, it was blatantly obvious that they were heavily overspending. HEAVILY OVERSPENDING. It was so blatantly obvious !

Yet what did you do ? You voted for them !!!!...and practically snobbed the ones who had abided by the rules.

Now you are feeling amazed and cheated....and want justice to be done.
Most of you had condoned injustice right from the start....so stick to it now ! Stop being hypocritical and pretending that you were not aware of this obscenity when you had cast your votes !

Notwithstanding all this, hats off to Norman and Emmy ( I never imagined I would say this) for having the guts to put forward this obscene issue, on our agenda.


charles pace (on 6/7/09)
So hands up all those who voted becaused they went to an open bar party , or because of the glossy leaflet he got through the post. If we voted on those grounds then we got what we deserve.

On the other hand is there any rule that disqualifies candidates who lied, twisted or invented things with regard to the issues we were worried about????

If not, well what can i say strange world we live in.
D. Scerri (on 6/7/09)
A re-run of the election is not required. Those who have broken the law are not allowed by law to take their seats. Therefore we select the next candidate from the results to take that seat. This should happen for each and every candidate. But we all know that this will just be another white wash. And what are we going to do about it? Same as always: Nothing. We'll just moan and grumble and do nothing but keep getting shafted.
Charles Sammut (on 6/7/09)
@ Mary Ann Borg

What you are suggesting is immoral. We are not talking about someone embezzling a few euros and then paying them back.

You seem to have become inured to this Maltese malady. I don't blame you because it is officially condoned. For example, build whatever you like, then pay a fine and it gets sanctioned. Vilify and slander your neighbour and then go to confession and say 3 Hail Marys and your sins are forgiven.

This is far more serious than that. Yes there would be a cost. But tension? What tension did you feel? Over 20% of the population was not even tensed enough to bother voting!
Charles J. Buttigieg (on 6/7/09)
@ Charles Sammut

Just don't put words in my mouth. What I said is logic,everybody has the right of defense.
Anthony Magri (on 6/7/09)
Spending in connection with elections is regulated in different countries, but it was never heard of a court case in spite of the Times of Malta insistence., Who knows how much money its printing press has made in this connection, or it did not make much hence... The supposition cannot be believed!
Spending during election has no bearing on democracy, it appears. The USA the most democratic country, spending for elections is surely not scrutinised. On the contrary they boast about how much they spend.
The insistence of the TOM on this subject is truly not understood, particularly its scope.
J. Borg (on 6/7/09)
I agree with Emy Bezzina and Lowell on this one

The other main parties' candidates simply uttered some comments but did not want to expose themselves to the wrath of the party heavyweights.

I also expect AD to support Emy & Norman on this.

Ultimately however, I guess the "elected" MEPs will be "asked" to pay a notional fine - and they will cling to their EP seat just the same.....but at least we have exposed their dual standards.
A. Muscat (on 6/7/09)

When it comes to money and democracy, the former influence (buy) the latter. This fact has been proven in all corners of the globe, from Lebanon, Gaza and Iran to USA, France and Great Britain.

@ All
My understanding to democracy is respecting people’s (the majority) opinion. Now, Can anybody answer this simple question please?
Is the EU democratic?
Thank you.

Mary Ann Borg (on 6/7/09)
@ T Mifsud: So, just because we don't agree you call me immature? You really think there will be a re-run of the MEP elections? Malta and its citizens should not carry the cost, the wait, the tension, the propoganda and all that an election entails on this tiny island. I may be immature in your mind, but then I'd rather be immature than unreasonable! It's obvious there is no 'good' law to go after the over-spending candidates and to me an honourable way out would be for them to be first scrutinized and then they themselves offer to pay what they have overspent to the Good Causes Fund. A re-run of the election is neither desired nor required.
P Debono (on 6/7/09)
Well done to the Times for the attention it is giving towards this deliberate breaking of the law. Kudos also goes to Mr. Lowell, who ironically was believed to have broken the law himself by "offending the President".
Charles Sammut (on 6/7/09)
@ Charles J Buttigieg

What you are implying is that the PLPN tandem is above the law and can ride roughshod over us mere mortals. That is an insult to Drs Gonzi & Muscat.

cecil herbert jones - KUL EWROPA (on 6/7/09)
Well done the Times of Malta for taking the initiative before the election took place to nudge the candidates into becoming aware of their spending sprees. Credit to you Sirs/Madames. Norman Lowell and Emmy Bezzina are doing the right thing and they have my full support on this of course. However, overspending was not the only thing that was in a very real sense deceiving the law. The voting system itself deceives the electorate! By the present voting system every voter essentially goes to the polls to vote for just one candidate not six, and this is because the voter can only give the number 1 to just one candidate. Therefore the voter's intentions of voting for his/her preferred team of 6 MEPs is naught by default. The system of voting should reflect the voter's intentions by doing away with the numbered system and instead 'X' marks should be introduced, whereby the voter places six '' marks in the appropriate boxes in the ballot paper. To avoid monopoly through Party block votes, the parties should be made to field a maximum of 2 candidates and/or a minimum of twelve. Let justice be a guarantee everyone believes in.
J. Mifsud (on 6/7/09)
@ Most bloggers

Whilst we are at it, dear fellas/dames, we should also demand that the last general election be annulled too, as I am morally convinced that the legal provisions limiting election spending by candidates were not observed. I might be wrong, but I have a gut feeling that I may be right.
Alex Spiteri (on 6/7/09)
@Charles J. Buttigieg...so u would be glad to be represented by candidates who gives a false affidavit?!

Norman Lowell has been dreaming for quite a long time...by time and time again...he's proven right all the time!
Oisin Jones-Dillon (on 6/7/09)

In this regard, please see ‘Stick to the law, lie or cheat’:

http://www.timesofmalta.com/articles/view/20090604/letters/stick-to-the-law-lie-or-cheat

Oisin Jones-Dillon

Matthew Caruana (on 6/7/09)
Finally someone taking action. The Electoral Commissioner and the Commission should be ashamed of themselves saying that they won't investigate. It clearly shows who nominated them for the commission. I think that the EU Parliament should also investigate.
d cardona (on 6/7/09)
well done lowell. the true maltese are all behind you! good luck for this case!
T Mifsud (on 6/7/09)
"However, notwithstanding the fact that the elected candidate broke the law, I really don't think that the country needs another election right now."

So you prefer electing an MEP elected by breaking the law than electing an MEP for accountability? Is this how you vote? Incredible! Giving up democracy for the sake of not having another election. Some people haven't matured yet!
Joanne Micallef (on 6/7/09)
Well done, it's about time we start to see some ethics in our politics.
Adrian Camilleri (on 6/7/09)
OMG!!! Somebody shoot me dead right now.
I'm actually agreeing with Norman Lowell on something.
Charles J. Buttigieg (on 6/7/09)
The law does not provide for the electoral commission to scrutinise the candidates campaign spending and would simply accept the candidates’ statements supported by an affidavit. In the case of a suspected false affidavit the onus of proof rests with the Electoral Commission and not with the alleged culprit.

If there was overspendings it was all round and to expect the PL and the PN not to join forces to protect their stations is a bit too rich.

Stop dreaming Norman.
Alex Tonna (on 6/7/09)
I may not normally concur with Norman Lowell's vision, however in this case he is ABSOLUTELY RIGHT. If there is a Law, then it has to be enforced!!
The Maltese voter has the right to know for sure that their elected MEPs have acted according to the Law - just like everybody else has to !!!!
I sincerely hope that we are not regaled with another nauseating farce where OUR LAW IS STRICT WITH THE WEAK AND WEAK WITH THE STRONG.
Dear Norman and Emmy, please keep up the good work. Nobody else seems to have the vitality or the will to counter these numerous and recurring anomalies in our political environment.
Quote: "The only thing necessary for the triumph of evil (or in this case the breaking of the Law) is for good men to do nothing about it."
Edward Burke (political theorist, and philosopher)
Gianni Xuereb (on 6/7/09)
"A Plutocracy is a government controlled by a minuscule proportion of extremely wealthy individuals found in most societies. In many forms of government, those in power benefit financially, sometimes enough to belong to the aforementioned wealthy class."

I think Lowell used the work Plutocracy out of context. He should have mentioned it in the last election, not the MEP election. Plutocracy refers to the dozen millionares in Malta who are financing the parties and thus influencing legislation to their benefit. We know who these people are. You can see them in every election in the counting halls behing the perspex! Both parties have them, and it seems like they're happy to have them around!
Mark Galea (on 6/7/09)
Ghalkemm ma naqbilx ma Lowell fuq hafna opinjonijiet, fuq din naqbel mieghu 100%. U ahna nigu mmultati jekk naqbzu xi haga mill-income tax, u dawn jiehdu l-guramenti u ma jaghtux kaz.
T Abela (on 6/7/09)
Prosit Norman...They are all smiling on the photos....Let's see if they keep smiling!
Karl Abela (on 6/7/09)
Are Norman and Emy implying that the labour party stole this election with the power of money? If so, serves everyone right for sending the wrong candidates to Europe.

However, notwithstanding the fact that the elected candidate broke the law, I really dont thing that the country needs another election right now. Such elections slow the economy down and I really dont think that we need that. What is done is done...lets just sit back and observe attentively which wrong buttons the labour candidates will press.



Mary Ann Borg (on 6/7/09)
This is what really irritates people. To me this is of a much higher gravity than Victor Scerri's bid to build in Bahrija. Politicians must act ethically and be of a shining example to its law-abiding citizens not vice-versa. This is less serious than the case of British MPs because our MEP's spent their own money, nevertheless, the common citizen is continuously being bombarded by new rules and regulations while it seems our MEP's and some others who didn't get elected have not acted within the law. If I overspeed and get caught on one of the speed cameras I get done for it and so should each and every MEP candidate that is found to be outside the law. Re-doing the election is a bit far-fetched in the circumstances, but the electoral commission should ensure that Joe Public regains the trust in the system - a fine equivalent to their overspending would go some way in setting a good example. If no such law exists, then each candidate should be checked and whatever is found to have been overspent is paid voluntarily by the candidates towards the Good Causes Fund, to set a good example.
Johnny Falzon (on 6/7/09)
Good initiative... Law should apply at all levels and the same for everybody...
Barie Smith Galea (on 6/7/09)
From Australia as a Maltese, i take my hat off to you sir, as as the Aussie say: GOOD ON YOU MATE: you are a ferdinkum guy. i applaud your style.
Roderick Cristina (on 6/7/09)
Well done to both of you!!
joe falzon (on 6/7/09)
I think that the result of the European Parliament should have read as follows:
PL - 54 PER CENT
PN - 44 PER CENT
By the way, PER CENT is not % but every cent spent by every candidate.

I did not vote Normal Lowell or Dr. Bezzina but this time both of them are right without any doubt. Even the common citizen is awaiting the outcome of this saga (or farce) of the EP
Election and expects that justice is done and that the right message about law enforcement is sent across the board.
Charles Micallef (on 6/7/09)
Gentleman, Well Done,

MAY YOU BE SUCCESSFULL WITH YOU JUDICAL PROTEST!

THIS MEP ELECTION WAS WON BY THE ONES WHO COULD AFFORD IT......
Joseph Caruana (on 6/7/09)
Cool for one I partially support a far right initiative.

Yet they are being more than presumptuous in calling for the election results to be annulled.
A Grech (on 6/7/09)
How can I trust an MEP that is not accountable?
sandro cremona (on 6/7/09)
Prosit Norman Lowell/Bezzina.. For ONCE.. someone has spoken up to make our MEP's accountable..... I hope they will prove they are.. f-lahhar!!!
Joseph E Briffa (on 6/7/09)
This is very interesting...Norman Lowell and Emy Bezzina are talking sense...I am anxious to know the outcome
David Borg (on 6/7/09)
Most of what Mr Norman Lowell says is deluded rubbish but in this case he is completely right.
If those people who are representing us break the law what example do they set to the common man who voted for them, and what right do they have to protest when other laws are broken.
Carla Mifsud (on 6/7/09)
There you go Norman!!!

Now let see if the police take action, let see if anyone from the untouchable super elite class gets behind bars.

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