'I did it for friendship not money'

A former Chief Justice, sitting in the dock facing charges of corruption, revealing official secrets and trading in influence, insisted with the police that what he had done was out of friendship and not for money, a judge heard yesterday.

Mr Justice Giannino Caruana Demajo is presiding over the trial of Noel Arrigo who opted to be tried by a judge rather than face a trial by jury.

At the opening of the trial yesterday, the head of the Prosecution Unit at the Attorney General's Office, Anthony Barbara, said this was a very important case because of its serious nature. Crime had attempted to undermine the judicial system and the court had before it the judicial system's (former) highest official.

What was grave about this particular case was that the very same system that was meant to uphold the law ended up breaking it, Dr Barbara added.

"The accused represented the whole judicial system but, whatever your standing or position, the law is there for everyone" he added.

He explained that it was up to the Attorney General to prove the accused guilty because, under Maltese law, the accused was presumed innocent until proven guilty.

The accused should be found guilty, Dr Barbara insisted, and the evidence to be produced would clearly show why. This included telephone conversations and behaviour vis-a-vis a person who had been found guilty of something very serious (drug trafficking). The accused had even received money in the process, the prosecutor added.

"What surprises me is the ease with which persons could approach people in such high positions and achieve their goals."

Police Commissioner John Rizzo was the first to testify in the trial. He said police investigations into the case that had started in July 2002, included intercepted telephone calls, which dealt with a judgment that was about to be handed down by the Court of Criminal Appeal. The judgment involved a man, Mario Camilleri, known as Imnieħru. Mr Camilleri had been informed of what was happening throughout the appeal process with regard to the judgment in question.

The appeals court judgment had been changed a number of times until it was finally handed down. Mr Rizzo said that at first the judgment had been confirmed but it was eventually changed, the original jail term first being cut by three years and then by another year.

The witness said he recalled arresting two individuals: Joseph Zammit, known as Is-Sei, and Anthony Grech Sant. He had interrogated them and Mr Zammit released a statement and cooperated fully. Mr Grech Sant at first denied everything but after some time also cooperated and released a statement.

Mr Rizzo said Mr Camilleri's son, Pierre, had approached another judge sitting in the appeals court, Patrick Vella, and Mr Grech Sant had approached Dr Arrigo.

Dr Arrigo was promised €23,000 for changing the judgment. It was only at the very last moment that the judgment was changed.

Dr Arrigo was interrogated for a very long time and he almost admitted and said he had been pressurised to help out his friend. In a 278-page long statement, the former Chief Justice said he had known Mr Grech Sant since they were at school together and were old Edwardians. He had known Mr Zammit as he was involved in football.

Dr Arrigo insisted he never did it out of money but out of friendship and he always categorically denied accepting any money, Mr Rizzo said.

During their investigations, the police had spoken to a director of Dr Arrigo's private company, Joe Galea, who said that the day after the judgment was handed down Mr Grech Sant had turned up at the offices of Dr Arrigo's company and offered to give a present to Dr Arrigo for reducing punishment. Dr Arrigo had told Mr Grech Sant off for offering the gift.

It later transpired that Mr Galea had been asked to make such a statement by Dr Arrigo and that Mr Galea had never seen or heard anything because he was in Comino at the time. He did know, however, that Mr Grech Sant had given Dr Arrigo €3,495.

Dr Arrigo had also admitted with the police that he had made a mistake when he divulged what was happening with regard to the judgment but insisted he had never received any money.

Mr Rizzo testified that that although Mr Camilleri had promised €23,000 to each judge, he did not have that sort of money and only gave €11,650 to Dr Vella and to Dr Arrigo. A third judge, Mr Justice Joseph Filletti, who also sat on the Criminal Court of Appeal hearing Mr Camilleri's case, was not in any way involved.

In the course of the investigations, a priest called at the police depot and handed him €11,650 but did not tell him where the money had come from. This happened in August 2002.

A tape recording of the police questioning Dr Arrigo was then played in court.

Dr Arrigo was heard saying there were other occasions when people had approached him to offer gifts in return for a favourable judgment but he had always refused.

He said that a friend of his had gone to see him to do the same and he (Dr Arrigo) had suspected who had sent him. "I told him that I do not do these things and this was said in front of another person".

The former Chief Justice told the police that before the appeal court's judgment was handed down, a person had asked him what was happening and he told him, which was a mistake.

Mr Grech Sant had approached him even before he became Chief Justice and came up with a very vague question. Dr Arrigo said, he had told Mr Grech Sant not to speak about such things.

Mr Grech Sant had then approached him a second time when the time to deliver judgment was near and told him he had a present for him. Dr Arrigo said he told him once again he was not interested. He denied that he had ever been approached by Mr Zammit. He said he felt pressured by Mr Grech Sant and that he had been framed by Mr Grech Sant and Mr Zammit.

Dr Arrigo said Dr Vella used to draft a judgment, which the judges would then discuss in their chamber. Dr Vella had at first proposed that the original judgment, consisting of a 16-year jail term, would be confirmed. However, after the three judges discussed the case they felt that such a term was excessive especially considering that Mr Camilleri had made an early admission.

Dr Arrigo said that whenever he spoke to Mr Grech Sant he wanted to give the impression that he would be accommodating him. He said that he was convinced that the prison term should be reduced for otherwise he would not have given Mr Grech Sant that impression.

He insisted that he had done nothing wrong in giving such a judgment.

When Mr Rizzo had asked him why he had not reported the matter to the police but, instead, gave those who had approached him information about the judgment and even accommodated them, Dr Arrigo replied that he was convinced that he was not doing anything wrong.

He insisted that the jail term was cut because all three judges felt it was excessive.

Lawyer Lara Lanfranco from the Attorney General's Office also prosecuted.

Lawyers Joseph Giglio and Robert Abela appeared for Dr Arrigo.

The case continues.