Robert Musumeci
Mulling over a resignation
Much criticism had been levelled at a prominent member of Parliament when he stood to his guns and didn't resign in the face of a public outcry in his regard, including by former party officials. His decision was only vindicated recently when it transpired that the Court of Magistrates found that there had been no irregularities in the run-up to the issue of the Mistra permit, in which this MP was allegedly implicated.
The Court of Magistrates found no irregularities despite strong accusations by Mepa's audit officer. The other day, the same auditor chose to put in a bad light another decision by the Development Control Commission, this time relating to a development in Qala. This notwithstanding the fact that the DCC board, which is presided by a very capable architect, went into great detail to ensure that the decision would be in line with the provisions of the Local Plan. The auditor chose to go public, notwithstanding the fact that the case is still sub judice before the Planning Appeals Board (because a third party appeal has been filed) and, consequently, still subject to a final decision.
Such behaviour is not acceptable from an institutionalised body, especially in the light of a ruling by the Ombudsman last year, whereby the parameters of the auditor's office were outlined.
In face, the Ombudsman reiterated this week that every administrative body has the duty to respect judicial authorities and quasi judicial authorities, to avoid exerting undue influence to ensure that the final binding decision is taken serenely, fairly, free from external pressures and strictly according to laws and regulations.
Weight should always be given to the Court of Magistrates and the Office of the Ombudsman who, after all, find comfort in the supreme law of the land - the Constitution. It was therefore with great surprise to learn that the Mepa audit officer is now "mulling resignation" because he feels under attack from several institutions, not least the Prime Minister.
Generally speaking, resignation denotes a negative situation for it indicates that a person is abandoning his line of duty prematurely. Surely, such situations do not augur well and certainly indicate that something along the line went wrong.
Living in a democratic society means that one has to learn to embrace decisions made by higher institutions and follow the precedent set by the same higher institutions despite harbouring an adverse opinion. Perhaps one should make reference to what was reported from a judgment handed down the other day by the Criminal Court of Appeal in connection with the appeal filed by the Attorney General in the VAT scam: "the courts do not have to reflect public opinion - the main duty of the court is to lead public opinion."
In the same way, planning decisions do not have to reflect public opinion. Bodies making planning decisions must take into consideration all technical and legal parameters that find comfort in planning policies and, not least, established case law delivered by higher institutions, namely the Planning Appeals Board and the Court of Appeal.
Being a member of a planning decision body is always a delicate post for there is always a loser and a winner whenever a decision is made. This is why it is of the utmost importance that such positions are given to people with a strong personality who ride roughshod over gossip and stick to their guns in their delivery irrespective of public outcry.
Should the Mepa audit officer trust that his decisions are in line with the law, he has no reason why to even ponder about resignation. However, it is imperative that a Mepa audit officer is legally bound to embrace directions given by the higher establishment that exists today, be it the Ombudsman, the Magistrates' Court or the Civil Court of Appeal.
To err is human but to persist in error is devilish!
An architect by profession, Mr Musumeci is the Nationalist mayor of Siġġiewi.
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Vince Buhagiar
Nov 22nd 2009, 10:08
The common good of everyone is at stake here, and all comments that support the very, very few will be very pathetic.
The cry of the common people should be louder than any other decision even if it is legally approved.
Democracy and justice should not only be done but also be seen.
To be seen there’s no doubt, because family walks in our countryside is enough to confirm.
Enough is enough.
It’s never too late let’s start acting (Zebbug)
Astrid Vella
Nov 22nd 2009, 02:04
What intrigues me is how Perit Musumeci, the PM and Mepa authorities are all insisting that the Auditor "has to learn to embrace decisions made by higher institutions" just when our politicians are thunderously challenging the decree on crucifixes issued by the European Court of Human Rights.
Now where has that respect for "directions given by the higher establishment" gone to?
Talk about two weights and two measures!
J. Schembri
Nov 21st 2009, 20:04
Mr Musumeci are you implying that Mr Victor Scerri resigned because of a 'negative situation' (in which you were one of the protagonists)?
I read that the Prime Minister will not be asking for the auditor's resignation, he did not persist in his error , but our PN Mayor of Siggiewi is still indulging in his devilish pursuits.
Ray Sultana
Nov 21st 2009, 16:40
Very much in line with what Mepa said, Perit Musumeci only mentions part of the story.
The 'learned' architect tells us that the permit is still sub judice, "still subject to the final decision". Of course he 'forgets' to tell us that in the mean time the speculator can go on with the construction work. This was mentioned by the Omudsman, but Perit Musumeci does not mention it.
Maybe an architect of his repute can explain how the site would be turned to its original state should after a few years (with the apartments in place and possibly sold to third parties) the Planning Appeals Board decide against the devloper?
Perit Musumeci, you are right on one point... to persist in error is devilish. To persist is ruining Malta (contrary to electoral promises) is truly devilish!
David Borg
Nov 21st 2009, 13:34
A court judgement is not gospel truth. In fact there are many conflicting judgements. They may also be mistaken.
As with the law they have to be respected but one can disagree and express disagreement with them.
Edward Camilleri
Nov 21st 2009, 13:32
@ he stood to his guns and didn't resign in the face of a public outcry
Why would the permit later be withdrawn if there was nothing wrong Mr. Musemeci?
@ It was therefore with great surprise to learn that the Mepa audit officer is now "mulling resignation" because he feels under attack from several institutions, not least the Prime Minister.
The MEPA Audit officer has called white as white, and not white as black. A public meeting is a public meeting and cannot be held privately, irrelevant who says otherwise, even if it’s the court. The Prime Minister was wrong in criticizing the audit officer because he doesn’t agree with the court. The court is not infallible. In the same week the Prime Minister himself has criticized the EU human rights court over the crucifix decision. In Mr. Musemeci reasoning, then also the Prime Minister and many other officials are in the wrong if they criticized “judicial authorities and quasi judicial authorities”.
Jason Spiteri
Nov 21st 2009, 12:05
Musumeci is clearly looking for ammunition to fire on the MEPA auditor where there is none.
The judgement by the Court of magistrates did NOT vindicate JPO at all - it merely found that there was no evidence to convict two public officials of corruption. It was not a trial on JPO's morals, much less on whether he ought to have resigned - in fact, there was pressure on him to resign for the simple fact that he was proved to have lied to the public and misled it, regardless of corruption issues.
In any case this sudden triumphalism is unwarranted on both Musumeci's part and the PM's. This trial was not one on the administrative correctness of holding private DCC meetings with applicants - I remain convinced that any court of law judging specifically on THAT matter would clearly find a breach of the audi alteram partem principle in this odious and opaque practice.
E.A. Mallia
Nov 21st 2009, 10:57
What a marvellous piece of special pleading by Robert Musumeci, starting off with his putting on the cloak of fellow inhabitant of the PN doghouse Jeffrey Pullicino Orlando. The Court found the two accused, and not JPO who was not indicted, not guilty of any misdeed. JPO did say after all that a Miniter had told him that the two fall-guys had only been indicted to allay the public outcry.
As for Musumeci's comments on auditor Falzon's actions, if the report of the Ombudman's comments carried in The Times Nov.18 is correct, then the auditor required no one's permission to investigate a case, sub judice or not. The Ombudsman repeated his advice of 2006; the Mepa auditor, possibly remembering the many times Government had ignored rulings by the Ombudsman, proceded to do likewise, from a motive the Ombudsman himself said he could understand-- the non-level playing field of the appeal process.
As for the much quoted Court decision on the common Mepa practice of DCC members-applicant meetings, it has been clearly shown that they had no underpinning in any law or regulation and were wideopen to serious abuse.
J.Borg
Nov 21st 2009, 10:53
So according to you, no one can say that it is wrong to ruin on of the best country sides remaining in Malta.
Do you really believe that the owner of the land in Bahrija was right in applying and achieving a permit to build in that area.
Yes, the mepa auditor is right to speak and for me he has the right to speak when applications are presented to MEPA and before even being discussed by the DCC,etc.
If it is wrong applications should be rejected without any reservation.
If things continue as it is we want even have any countryside on our island.
Also, we say that population in Malta will decrease, so why all these permits to demolish houses and build apartments instead......is it just to leave them their empty.
We need more control in issuing building permits.....
D. Fenech
Nov 21st 2009, 10:19
To err is human but to persist in error is devilish. Does persistence in finding loopholes to build villas outside the development zone fall in this category?
I agree with you in just about one sentence. There is always a winner and loser when a application decision is taken. Why is it though that the law abiding citizen of Malta is ultimately always the loser? Why is the envirnment always less important? Why is negative impact on the lives of the surrounding population not even considered.
The majority of the Maltese people are fully behind the Mepa Auditor. God help us if he was to resign. I prefer his "Parr idejn Sodi" than those of the Prime Minister.