Waylon Johnston
Ex-Chief Justice jailed for just under three years
Transferred to hospital on medical advice
Disgraced former Chief Justice Noel Arrigo was yesterday jailed for two years and nine months for reducing the jail term of a drug trafficker, exerting influence on other judges to follow suit and revealing the details of a judgment before it was handed down.
The punishment, which includes a perpetual general interdiction, is one-year-and-a-half below the maximum allowed by law at the time the crime was committed.
Dr Arrigo was transferred to the Corradino Correctional Facility straight after sentencing but was almost immediately taken to Mount Carmel Hospital on medical advice.
Dr Arrigo's family, friends and lawyers were left in suspense on Tuesday when Mr Justice Giannino Caruana Demajo deferred sentencing until yesterday after reading out a guilty verdict on all counts.
The anticipation and tension in the courtroom right before the judge read out the sentence was palpable but elicited no reaction from either Dr Arrigo or his family.
In his judgment, Mr Justice Caruana Demajo immediately dispelled the rumours about the maximum jail term that Dr Arrigo was facing and said the minimum was nine months and the maximum four years and three months.
Dr Arrigo had reduced the 16-year jail term of Mario Camilleri, also known as L-Imnieħru, on July 5, 2002. He sat on the Criminal Court of Appeal together with another two judges, Patrick Vella and Joseph Filletti, which had lowered the term. Dr Vella had also been bribed and admitted to accepting €23,000 for reducing the term. Mr Justice Filletti was never implicated.
After the case was revealed, the punishments attached to bribery and trading in influence were raised significantly but, in both cases, the disgraced judges were sentenced under the laws applying in 2002.
Mr Justice Caruana Demajo said he "believes that the bribe was not taken out of malice and greed for money but weakness and false friends that lead him to guilt". Dr Arrigo had planned to give the bribe money to charity, he said.
But the judge questioned whether Dr Arrigo's decision to rid himself of the money came after the case was revealed, although he pointed out that Dr Arrigo's behaviour was in contrast to that of the other bribed judge, who paid for jewellery with the money.
Still, the gravity of the fact that the Criminal Court of Appeal, the highest judicial body in penal laws, effectively came under the control of people involved in criminality was the first thing that needed to be considered, the judge said.
Had it not been for the efficiency of the police and efforts by other public order bodies, the damage would have been far worse, Mr Justice Caruana Demajo said, adding that this should be reflected in the punishment. He commented on the fact that Dr Arrigo had tried to derail the investigations when he lied during police interrogations. The fact that he tried to contest the charges in court should not be used against him but neither could he benefit from concessions given to others who cooperated in the proceedings.
On the other hand, the court had to consider one of the most important points of the punishment, which was the reformation of the accused: It was satisfied that Dr Arrigo "was not going to go down the road of criminality".
Just because a person had made a big mistake it did not mean that he was a bad person. The mistake could serve to open the eyes of the accused to his flawed actions, something which he might not have thought about before.
The judge also said he appreciated that Dr Arrigo had resigned early so as not to cause any further harm to the judicial system.
Mr Justice Caruana Demajo kept in mind the punishments handed down to other people involved in the case even though Dr Arrigo carried more responsibility.
Referring to the defence counsel's submissions highlighting the social impact of his actions as regards humiliation, bad publicity and the effect on his family and his health, the court said it still had to hand down a punishment established by law.
While Dr Arrigo's age, health and personal protection were relevant in the way he served the jail term, the judge left it up to the prison authorities to deal with such factors, in contrast with the case of Dr Vella where it was specifically instructed that he should be placed in a section for vulnerable people. The period Dr Arrigo had spent under house arrest was not deducted from the sentence and this is not considered a custodial term according to law.
The head of the prosecution unit at the Attorney General's Office, lawyer Anthony Barbara and lawyer Lara Lanfranco prosecuted. Lawyers Joseph Giglio and Robert Abela appeared for Dr Arrigo.
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Anthony Farrugia
Nov 29th 2009, 12:48
Absolutely spot-on editorial which expresses the thoughts and feelings of all decent Maltese.
Now it appears that our disgraced ex Chief Justice will be appealing last week's sentence in the hope of getting away with some loophole or cavil in the law. It seems that all his remaining friends(if any !) have rallied round and are calling him "miskien" (poor guy) when the "msieken" are those drug addicts and their families victims of the convicted drug trafficker who bribed him .
Now can any Times reporter ask the Minister of Justice or the Director of the Corradino Correctional Facilty on how many inmates are suffering from depression and other medical conditions but are still held at Corradino and can he publish a list of Corradino inmates held at Mount Carmel Mental Hospital. If and when this list is published the public will be surprised and outraged at some of the names on this list. All in the name of transperency and freedom of information.
Pule' Carmel
Nov 29th 2009, 11:07
I feel sorry for all criminals and convicts and people who do wrong especially their families. I prefere to let them sufffer their punishment in peace and admire all the wrongdoers who voluntarily admit that they did wrong and that they do deserve some punishment for that is the only way to create civilization.
Stephen Spiteri
Nov 28th 2009, 18:43
It seems that the roman spirit of judging people from the arena has not yet been extinguished. Judging from the comments, sometimes I wonder how thin is the thread that holds us from the savagery of revenge and how deep our humanity lies.
When will our consciences grow so tender that we will act to prevent human misery rather than avenge it?
The judge has had his just sentence, leave the man alone now.
Franco Farrugia
Nov 28th 2009, 08:53
And as for justice .... the man is now in Mount Carmel. The 'cell' he is in had been prepared BEFORE the sentence was passed - it was an office! And that is 'justice'.
Evarist Saliba
Nov 28th 2009, 08:07
The judgement delivered is within the limits of our legal system, fair and well explained. Barring any developments, if there is an appeal, that should be the end of a sad chapter in our juridical history. At the same time, let us not overlook the fact that it was through the actions of responsible officers in our political, legal and law enforcement establishments that law has prevailed.
This episode gives me one great concern. What is happening to our moral values when so many persons, coming from different walks of life, did not hesitate to cooperat so freely, confidently and successfully in bribing judges?
Joe Portelli
Nov 28th 2009, 04:02
What has happened here is not in line with outher professions.
If i acted as a good samaritan to someone who needed first aid and botch him up badly - they say I am an idiot and not well trained in first aid, medical etc.
If a Dr treated the same injured person and he botched him up, the doctor is heavily punished unlike me, as he was professed as a Dr and should have known (or does he?) in line with his doctorate.
Dr Arrigo (sorry to use this gentleman's case) should have known or else if as he claims he is not guilty then his Doctorate in Law must be questioned and he should loose the entitlement because he still insists he was right and would do the same.
Last fact is, the new title is Con (convict) so one has to make a choice either he is Convict Dr XXX or just plain Mr XXX.
I for one, would be offended if a college allows one to be called Dr when he has proven to commit such a big error through his own addmisiion insisting he was withing the law, his not guilty plea -
Leo Bartolo
Nov 27th 2009, 19:22
@Robert Agius, Miguel Micallef & G. Micallef, If Jesus was here today he would have defended us all in the same manner. Who does not have a weak character? Let justice be done, by all means but let us not spitefully codemn Dr arrigo & his family. Let us as Christians leave them in peace and the least we can do is say a prayer for them all. Is this too difficult to do.
G. Micallef
Nov 27th 2009, 18:06
@ Leo Bartolo Yes, the God of Jesus Christ is merciful, but He is also just.
alfred curmi
Nov 27th 2009, 16:50
Yes I am sure that the ex-C/Justice, Dr. Arrigo, has already paid for his big mistake, and I fully agree with the presiding Judge that he did not do it for money, but was forced out of his weak character (at the time of the offence).
I would have preferred for Dr. Arrigo to spend quite a good time in community work, such as giving lectures at the University, and also, why not give lectures of his experience as a judge to our youths, that would certainly help them, at least some of them , not to enbarke on a criminal career.
Yes Both Dr. Arrigo and his family needs our prayers, because everybody makes mistakes, some unseen some brought to light.
Vincent Galea
Nov 27th 2009, 15:29
It is never pleasant to watch the public humiliation of human beings.
Whatever the crime. Even if they deserve it. Because we are human too and it could all too easily been us. We too, could step over the line.
Instead of rejoicing in his downfall we should re-examine our own lives, we should make sure our own behaviour and characther would withstand the scrutiny.
That should keep us too busy to worry about anyone else.
And from many negative comments I read I think it served , at least , as a solution to the
Crucifix controversy !
" Ladies and gentlemen . Jesus has left the building. Thank you and good night ".
Graham Crocker
Nov 27th 2009, 15:10
A bribe is a bribe, no matter how many priests you get to testify for you. -_-
V.Briffa
Nov 27th 2009, 15:06
@ all
This should be an examplary quote for defence from now on ' Mr Justice Caruana Demajo said he "believes that the bribe was not taken out of malice and greed for money but weakness and false friends that lead him to guilt". Dr Arrigo had planned to give the bribe money to charity, he said.' Playing Robin Hood is cool!
Come on dirty money, is dirty money and do not come with the excuse of giving to charity! This total story and sentence is a farse ...
MSciberras
Nov 27th 2009, 14:53
@Gordon Pace Bonello, Joe Camilleri etc
The man has been convicted, yes end of story.
However………….this man did NOT admit his guilt. He entered a NOT GUILTY plea. So lets not proclaim him a saint.
Did not cause harm to anyone, as someone said? Are you serious? Only if the IMPLICATIONS of these two trials are wilfully ignored. The ‘system’ may have decided to treat this case as ‘a one-off’ but we have TWO judges convicted of corruption. CORRUPTION. There is a bigger picture out there, bigger than the personal problems of the convicted judges. There seems to be a conscious decision not to question the integrity of our legal and judicial system. Why is there not a public clamour for inquiries and reforms? Instead we have gloating and shrugging of shoulders from us, and business as usual from the cabal that is the intertwined legal and political class. This is like the Catholic Church refusing to accept peaedophilia was ever a problem, even though cases of individual priests kept emerging, an issue that exploded in its face in the last few years. Lets love Malta a bit more than this, for its our country that's been damaged by this.
D Galea
Nov 27th 2009, 14:39
Dr Arrigo (and he remains Dr Arrigo as noone can take away his doctorate in laws even if he is disbanded and cannot practice law) fell from grace, however I disagree with those who say that that fall itself should be punishment enough. While community service would have put his skills to better use there remains the fact that he was, at the time, in a position of utmost responsibility, and although we all make mistakes, if there was anyone who knew the gravity of what he was doing, that would have been him. His remorse thereafter etc., while a credit to him do not take away from the fact that he did commit a criminal offence, punishable by a custodial sentence.
I am sure that our judiciary did not take their decision lightly when meteing out the punishment due. This was after all an ex colleague and for most of the judges sitting, an old friend, whose moral fibre they each thought unimpeachable.
While we all make mistakes, and for mistakes of a certain nature, there is a price to be paid. This is one of those instances.
Richard Galea
Nov 27th 2009, 14:24
This is the time where a Presidential Pardon should be seriously considered....
The problem with Dr.Arigo was that he always stood fast for his friends....especially when they are the underdogs.
Last night I slept uncomfortable.....because although justice has been done....I know that there are individuals who got away with child molestation....thanks to an 'invisible hand'
YES....our Law courts have been purged....but how about other institutions.
Richard Galea.
J. Buhagiar
Nov 27th 2009, 14:04
Hey I Know we should give this guy the Gieh ir-Republika
The fact still remains that Arrigo led himself to a bribe.
I would like to know what the people who are saying here that Arrigo shouldn't have been given a jail sentence and giving him all their praises, are saying about the guy who is said to have committed the robbery from the church last weekend
The latter is a victim of drugs Dont forget that Arrigo helped a drug pusher by reducing his sentence.
In Maltese we say akbar m'int akbar hemmek
Miguel Micallef
Nov 27th 2009, 13:38
To all those below commented 'he who is without weak character cast the first stone' etc...
Do you say this when other people go to prison? Such as drug dealers? LAst I checked everyone was angry becase a person who had LEGAL pills got out of jail.
Why the double measure?
The chief judge is the person who most of all deserves punishment, if anyone at all deserves it.
He did wrong purely for doing wrong. He surely did not need the money, he did not need to decrease terms, he just did what he WANTED to do.
I dont understand the feeling here, sorry.
John Falzon
Nov 27th 2009, 13:36
I hope that when he emerges from prison, he may be given the opportunity to become a public speaker, possibly even speaking to University and sixth form students. I am sure that not only will his past experience as a Chief Judge and his knowledge of the laws come in handy but also he could share his experience of this case. As it is he is probably one of only two persons in Malta who has experienced both extreme sides of the courtroom. I am sure people, including students would be willing to learn from his mistakes and also from his extensive legal knowledge. This would help him rebuild his life and regain his dignity within his lifetime, because as things stand this story will live on long after he has passed on. Therefore at least some good may ultimately come of this win-win possibility.
Robert Agius
Nov 27th 2009, 13:18
@Leo Bartolo
yes, maybe if Jesus was there all the time the would be noone in prison.....
or shall we just choose the cases when Jesus should be there.....
Leo bartolo
Nov 27th 2009, 13:07
I came to know Noel Arrigo and his family through his business. I always admired him for his humble attiude even when he held the high position of Chief Justice. He is an examplary man in every way and personally I feel truly sorry for the situation he and his dear family are going through. May the Good Lord grant them peace and fortitude and and the strength to forgive those who spitefully scorned them. Maybe if Jesus was present today he would have told those who were present outside the courts on the day of Noel Arrigo's sentence,'Anyone who is without a weak character let him cast the first stone.'
Joe Portelli
Nov 27th 2009, 13:00
when a convict is referred to as Dr , does he not loose his entitlement from the law society , having been found guilty of criminal behaviour and in the proffession he professes and the law society represents ?
steve fenech
Nov 27th 2009, 12:41
i have came across noel arrigo in his and my professional life. a nicer man you couldn't possible meet. he has comminttted a mistake , and due to the position occupied a grave mistake. those of us who feel that the sentence is too light should also consider the humiliation that he and his family are going through. i am sure that noel must also be feeling the terrible guilt of putting his family through all this hell.so perhaps considering both, temporal justice may have been served. a thought about his family and a prayer for him and the other cell mates may not be amiss either.
AJ. Anastasi
Nov 27th 2009, 11:51
I fully concur with what Mr. Joe Camilleri has stated.
I believe a prison sentence is not the right decision. Noel Arrigo has already declared his guilt and apologised to the whole nation.
The fact that Noel Arrigo fell from grace of that from the highest position in the Judiciary of that of a Chief Justice to that of a “convict” is enough of a punishment.
I am sure that Noel Arrigo has now realised his short-sightedness in trusting certain “friends” and the complacent attitude and excessive confidence shown to his judicial office that has led him into this unfortunate situation, has learnt his lesson!
Noel Arrigo should be used for the benefit of the national good as already suggested, for Noel Arrigo is after all a GOOD MAN.
AJA.
Pierre Micallef
Nov 27th 2009, 11:41
Now that the case is no longer sub judice, perhaps some commentators will tell us whether the defence lawyers' main theory - that bribing a public official for a 'favour' rather than money may be a crime on other countries but not in Malta - bears any truth or whether it was complete hogwash.
If they are right about that assertion it will certainly require immediate attention by our Parliament, because it'd effectively mark us as a third world country.
Paul Fenech
Nov 27th 2009, 11:31
Ok he did a bad thing and desved to be punished. But now do not try to crucify this person and his family as well. We maltese have a habit of being hollier than the Pope in cases like these. I wish the best of Luck to Dr Arrigo and his family. I wish someday i could talk to him.
Charles Taliana
Nov 27th 2009, 11:25
When is the appeap proceedings going to start????????????
J.Tonna
Nov 27th 2009, 11:20
Mhux kwazi kull min jizbalja jinghata cans iehor? Ghaliex m'ghandux jigi moghti cans iehor lil Dr Arrigo. Vera li zbalja bl'ikrah, imma mhux kulhadd huwa vulnerabbli?
@ Joe Camilleri - naqbel mieghek 100%. Billi tfajnieh il-habs ma hadna xejn, kieku tawh xi hames snin jahdem ghal kommunita, kif ghidt int, konna niehdu xi haga mil-kapacitajiet li ghandu. Hekk se nhallsu ahna (it-taxpayers) sakemm idum hemm.
GORDON PACE BONELLO
Nov 27th 2009, 11:18
I believe that such a desicion by Mr Justice Giannino Caruana Demajo must have been a very hard one as after all Dr Arrigo may have committed an error, however lets face it Dr Arrigo as well as Dr Vella had caused no harm to anybody and also had tendered their resignation. Dr Arrigo had even given the money (as proven) indirectly to the police. Once again it does not matter what ever position one holds, we are all human and are bound to commit errors. So I therefore ask persons who may be coming from some other plannet to stop passing malicious comments against fellow human beings who unfortunately may have committed a crime but once again this was harmless to others
A.Cassar
Nov 27th 2009, 11:08
To all you readers . He is a sentenced man now and in all his rights in a democratic society he has the right to appeal . Leave him alone now to be able to exercise his personal rights . The first one of you so called christian pagans throw the first stone !! Yet when it comes to corrupt politicians and he is of your colour you will find any excuse to justify there wrong doings , also state that if you had the chance you would do the same thing and you would go on tv and clap for there lies !! . Is it because MR Arrigo did the honourable thing and resigned from his position . He didn't need to , innocent until proven guilty ! Yet our politicians fail to resign . Have you all also failed to read the report of the position of our country in the level of corruption . Just all of you admit it for once that we all love Malta being so corrupt , any time we need something we try to solicite the help of a friend in power , that is the way it will always be!!
Miguel Micallef
Nov 27th 2009, 10:29
Aren't all people vulnerable in prison?
Some animals really are more equal than others. Even when the crime is equal or even more serious, their punishment is less!
Young kids are being sent to longer terms because they share some joints with their friends, and they are certainly not put in vulerable areas...
G. Cappitta
Nov 27th 2009, 10:27
An appropriate sentence handed down by the Judge.
A.Grech
Nov 27th 2009, 10:25
a spider knows perfectly well its web...
M.Bezzina
Nov 27th 2009, 10:20
Tal misthija wkoll li gie trasferit lejn Mount Carmel F'Cella ghalih wahdu mal privilegjati!!Dik zgur diskriminazzjoni mal prigunieri l-ohra!!
Joe Camilleri
Nov 27th 2009, 10:13
@ george attard
Vera tal misthija, izda li TFAJNIEH IL HABS. X'hadna b'daqsekk !!!!
Bniedem bhal dan, li iddispjacieh milli ghamel, u li ghandu esperjenza tal hajja, imisshom ihalluh jaghmel xoghol ghall komunita ma xi agenzija jew fundazjoni bhall Appogg, Richmond etc. B'hekk anke minn imur ghall xi ghajnuna ghandhom, ma jkollux ghax jisthi minhabba li jkun jaf li qed jitkellem ma bniedem li f'hajtu zelaq izda rega qabad it triq it-tajba u jsevi ta ezempju ghall minn verament irrid jirriforma ruhu.
Bhala side note, jiena lill Noel Arrigo minhabba dan il kas sirt naf li jezisti.
george attard
Nov 27th 2009, 09:12
tal misthija!