Magistrate abstains from Caruana Galizia cases
Magistrate Consuelo Scerri Herrera has abstained from presiding over two unrelated libel hearings involving columnist Daphne Caruana Galizia.
In a decree issued in court, Magistrate Scerri Herrera said she had filed a police report against Ms Caruana Galizia in order to safeguard her integrity from allegations made about her in a blog.
The two pending cases are between Ms Caruana Galizia and Maltastar and the other between Ms Caruana Galizia and Martin Degiorgio of the former Alleanza Nazzjonali Republikana.
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J Brincat
Feb 8th 2010, 09:37
@ Antoine Vella
Well taking a bath would soon become a luxury if W & E bills continue soaring!
Antoine Vella
Feb 6th 2010, 16:11
rene joseph.
Your comparison is singularly unintelligent. A politician can be voted in and out of power and even businessmen themselves can be elected to parliament. It is not so with magistrates and judges.
J.Brincat
"I don’t know but I smell a rat."
Well, go take a bath.
N. Azzopardi
Feb 6th 2010, 15:16
@S. Calleja
'Cheating' is a very complex issue. When someone cheats there's a reason behind it and for sure s/he is in an unhappy marriage. The marriage is made up of two persons so if they are in an unahppy situation who am I to judge them cause they tried to find happihess in another partner? With regards to 'lying' that's only based on the comments of one person. Finally with 'being close to prominent MPs ...heqq her brother happened to be an MP so it makes sense to be friends with her brother's friends.
J Brincat
Feb 6th 2010, 12:40
I read this blog which was disgusting to my tastes.
But coming to think of it could this be some plot masterminded so as to embarrass Mr Musumeci and so keep him out from contesting the forthcoming bi-elections because Dr Gonzi may not be comfortable with him if elected to parliament.
I don’t know but I smell a rat.
rene joseph
Feb 6th 2010, 11:44
@S Calleja - in fact I'm very uncomfortable knowing that our Finance Minister is very close to prominent business people - in fact so close as to see a Champions league match with them. Do I hear the words 'double standards' ? -
S. Calleja
Feb 5th 2010, 23:53
@ N. Azzopardi
"According to DCG's blog public figures cannot cheat, cannot party...."
If the public figure is a magistrate who decides other people's fate, cheating and lying definitely do not instigate trust in the person. Partying is another story, but it depends with whom... do you feel comfortable with the Maltese judiciary system knowing that this particular magistrate is close to prominent MPs and business people?
@ P Agius
People who put information on facebook are making it public, and subject to public scrutiny, as with people who post comments on timesofmalta.com. So your argument does not hold. Photos uploaded on facebook are by definition no longer private.
A magistrate is a public offical 24hrs a day, and what she does in her private life must concord with what she is representing. For this same reason you probably wouldn't feel comfortable confiding to a priest who you know is sleeping with a woman. His public role (what he preaches) and his private life would be in discord.
Whether Daphne throws plates or not at her husband is of little concern to the Maltese democracy and judiciary institution. Not so with the magistrate in question.
Pierre Micallef Grimaud
Feb 5th 2010, 20:12
Reflection of the day: ..... "Those who are vulnerable should not attack others. The proverb has been traced back to Geoffrey Chaucer's 'Troilus and Criseyde' (1385). George Herbert wrote in 1651: 'Whose house is of glass, must not throw stones at another.' This saying is first cited in the United States in 'William & Mary College Quarterly' (1710). Twenty-six later Benjamin Franklin wrote, 'Don't throw stones at your neighbors', if your own windows are glass.' 'To live in a glass house' is used as a figure of speech referring to vulnerability." From "Random House Dictionary of Popular Proverbs and Sayings" (1996) by Gregory Y. Titelman (Random House, New York, 1996).
N. Azzopardi
Feb 5th 2010, 18:48
According to DCG's blog public figures cannot cheat, cannot party....Since when are we expecting public figures to be perfect? They are humans like us. Only God is perfect but governing institutions are not.
Peter Bonnici
Feb 5th 2010, 18:19
John Terry was removed from England captain. His crime was that he let down the public by his behaviour in his private life. You cannot separate authority from the responsibility it brings with it.
P Agius
Feb 5th 2010, 18:16
What I found particularly disgusting in DCG's blog is that she does not expect to be judged on grounds that she is not a public figure. Yet in one of her recent (the one where she posted pictures of a private individual who is on Facebook) she opted to attack a person who is not a public person at all, a person who does not hold an office, a public post or any post that unconditionally allows this person to be subject to public scrutiny.
Apart from all this the moderator on DCG's blog allowed third parties to insult this private individual with tiles such as Anorexic etc etc...
David Buttigieg
Feb 5th 2010, 18:04
Everyone has the right to privacy , true enough, but
1. Posting your private live on facebook makes it very public.
2. Members of the judiciary should not put themselves in a position that could create uncomfortable situations or raise suspicions, true or not, of possible wrong doings.
3. If you accept a post, like a magistrate, judge, ambassador, minister or any public role then you have to accept the responsibility that goes with it, and be to act (and dress) appropriately. Your private life ceases to be so private and is open to public scrutiny!
As a hypothetical example (never happened I hasten to add), it is legal for a person to go to a prostitute (illegal for the prostitute - only in Malta) but if any public official, especially a member of the Judiciary had to do so, what would your reaction be? It's their private life so it's OK?
Peter Borg
Feb 5th 2010, 17:01
DCG's information on wikipedia reflects this news.
http://en.wikipedia.org/wiki/Daphne_Caruana_Galizia
Stephanie Farrugia
Feb 5th 2010, 16:38
It Toyota ghandhom problema bil ' brake'.......
Joseph Micallef
Feb 5th 2010, 15:23
@ L. Coliero
As far as I am concerned DGC hands down!
I mean imagine you have a case against One productions presided by Scerri Herrera, and out of the blue you get pictures of the top echelons of that station partying at a party organised by Scerri Herrera.
I don't know you but I would not feel even a little bit comfortable!
Maria Camilleri
Feb 5th 2010, 15:04
"A dresscode should be implemented ASAP both for the Judiciary and Lady lawyers alike."
FYI there is a dress code when member of the Judiciary and lawyers (ladies and gentlemen) are in Court. To impose what they were (especially the Ladies) outside the Court is pushing it, wouldn't you think?
James Falzon
Feb 5th 2010, 15:03
The way I see it, DCG has to be stopped before she causes more embaressment to herself. We do not have the same system as for examle the UK, where the Sun, or the News of the World can take everyone to the cleaners and no one cares. Since when do we put public person's private lives on blog's and ruin their lives, since when had this became acceptable. If this is going to be the new way news gets around, then who will be next??? A lot of high profile people have sordid affairs in their closets, shall we let them out??? is it a right to know??? or should we stop this now, because once it starts there will be no stopping this.
N. Falzon
Feb 5th 2010, 14:38
Whats wrong with throwing a birthday party? Cannot magistrate celebrate their birthdays?
Eve Bajada
Feb 5th 2010, 13:45
@S .Camilleri,,,
How on Gods Earth do you define behaving badly ? Also what proof do you have that the Magistrate in question behaved badly ? .. Yes i have read the blogs by Ms Galizia ,,We are to believe that her words are true ? Ms Galizia offends on a daily basis we all know this is true ..All i personally read was an attack on the Magistrate and a picture taken from facebook of a mother and her children ,,Please enlighten us if you know more .....
Anthony Farrugia
Feb 5th 2010, 13:26
@L Coleiro:One of the pending cases from which Magistrate Scerri Herrera is abstaining from is a libel case between Ms Daphe Caruana Galizia and Maltastar. The magistrate's 45th birthday party photos on her Facebook site show that people connected with Maltastar were at the party.Surely this constitutes conflict of interest in the execution of her duties. She should have declined to hear the case when it was first assigned to her and not wait until her shenanigans came to light !
Antoine Vella
Feb 5th 2010, 13:12
It is not just a question of photos. The photos, which were uploaded on Facebook - and therefore became public - by the magistrate herself, are simply proof of a certain type of behaviour that could, rightly or wrongly, create doubts about the impartiality of the magistrate in question.
Those defending Dr Scerri Herrera should remember that old cliche about justice being seen to be done.
C.R. Taliana
Feb 5th 2010, 12:58
U kien hawn xi tuzzana nies li sa jumejn ilu kienu qed jitkazaw bil-grupp li infetah fuq FACEBOOK - We hate Gonzi campaign imma fl-istess hin qed jaqbzu ghal l-insulti personali u l-pastazati li nkitbu fil blog.
Hawwadni ha nifhem!
Joseph D Borg
Feb 5th 2010, 12:29
Welcome to catholic Malta where every one has Christian values. Hahahaha what a joke you are practicing the teachings of Jesus Christ loving each other as he loved you
Give me a brake
MSciberras
Feb 5th 2010, 11:02
This is not just a case about a magistrate and a party and a little black dress. In the blog, a very serious allegation has been made that a serving magistrate is under investigation by the Commission for the Administration of Justice, or some entity to that name, and whats more, this investigation has been going on for a year!!!!! True or not? If true, why is the investigation takling so long, why has this not been publicised and why does a magistrate or judge continue to serve while under investigation?
colin stanley
Feb 5th 2010, 10:45
what is wrong with some of you, can't a person have fun, and enjoy themselves ,she didn't hurt anyone, she's still quite young,I think that some of you are always trying to find fault with other people,because you don't know how to relax.,or because you are just a miserable lot.
Maria Camilleri
Feb 5th 2010, 10:23
@P camilleri
"A dresscode should be implemented ASAP both for the Judiciary and Lady lawyers alike."
How do you suggest to implement this? Lady lawyers should be told what to wear even in their private life. Do you suggest they don a burka when they go to a party pr go on the beach? and gentlemen lawyers can do as they please, of course.. u le x'tahwid !
Surely its not a dress code you mean, but a code of ethics that should be followed by all members of the Judiciary, whether male or female.
Pierre André Aquilina
Feb 5th 2010, 10:16
I stand to be corrected, but a police report is filed in conjunction with a scenario that falls within the ambit of criminal law. To address a scenario that falls within the ambit of civil law one files a libel / defamation suit. The latter are far better suited to safeguard one's integrity from allegations. You go to court, the defendant presents evidence (i.e. the allegations are based on fact) or otherwise (i.e. the allegations are false and, therefore, slanderous), and we all live happily in the belief that justice has been served. Unless, of course, the Magistrate in the present instance does not trust the very institution she represents. Let us not create a scenario whereby the Judiciary combines at one and the same time the power of police, judge, juror and executioner.
Simon Borg
Feb 5th 2010, 09:52
@Joe Micallef, are you another blue-eyed boy? Everyone is entitled to a private life.
Joe E Galea
Feb 5th 2010, 09:52
I have an unwanted set of plates. who wants them?....lol
S. Camilleri
Feb 5th 2010, 09:29
@H Dempster
Sorry to burst your bubble but whilst a private citizen may opt to behave like a tramp and it will be his/her business alone, an official of the highest institiution of the land, with power to decide on individuals' actions has NO such luxury. People of the bar behaving badly should resign. The institution should be above reproach at ALL time
L. Coleiro
Feb 5th 2010, 09:09
A simple question!!
Why does a magistrate has to resign over a few photos and our finance minister stays??? There is nothing scandalous in those pictures, they merely show a magistrate enjoying what seemed to be a good party.
SO WHAT??
From the other hand DCG has all the right to say anything she likes on her blog.
What and who you believe is another story!! she's an Eastenders fan after all.
A. Mallia
Feb 5th 2010, 09:03
@Joe Grech Attard - Yes, one does expect a certain level of behaviour from a magistrate.
A. Mallia
Feb 5th 2010, 09:02
@A. Busuttil - The photos were of the 45th birthday party of the woman in question, and were on her Facebook page for all to see. Surely one has a say as to who attends one's own birthday party?
H Dempster
Feb 5th 2010, 08:20
I do not know or never met the magistrate, but i believe She is human like all of us. If she wants to have a fling or not whether magistrate or tramp, she has the right to do it whatever the paprazzi say. Papparazzi are there only for one reason to harm and break people (A case to remember Lady di). so come on lets be logical and let her spend her life the way she wishes as long as it does not interfere with her job.
Joe Micallef
Feb 5th 2010, 08:14
What cheek! Unless those undignifying photos are mounted photos either this magistrate resigns or I for one will have even less respect of our judiciary.
J Farrugia
Feb 5th 2010, 07:54
Instead of asking the police to investigate Daphne Caruana Galizia, this Magistrate had better resign from the bench. She has already been judged by her same actions and photos on facebook. It would be much better for her little dignity she may still have, to tender her resignation to the Chief Justice. The dignity of our courts of justice is fast becoming the zimbella of Malta. Mr Chief Justice take care. Dont let the ghosts of previous judges cast a shadow on the integrity of your courts.
P. Camilleri
Feb 5th 2010, 07:24
This is a very serious situation our Prime Minister and Minister for Justice are facing. The general public demands immediete action from the Government together with the Opposition.
The Judges and Magistrates are still recovering from the still recent scandel that hit our Law Courts. A dresscode should be implemented ASAP both for the Judiciary and Lady lawyers alike.
With regards Magistrate Scerri Herrera, I"ve seen her in action, whilst doing her job,and I can say that she does not cut corners. We cannot afford another scandel!!!!!!!!! Gonzi save yourself before this is blow out of all proportion
MMuscat
Feb 5th 2010, 01:52
Kien minghalija li hemm xi kodici ta' etika ghall-magistrati u mhallfin. Meta rajt dawk ir-ritratti sthajjiltni li qed nara xi party ta' xi hadd ta' 16-il sena u mhux ta' magistrat. Veru lanqas ghadna nafu nisthu. Ma nafx kif imbaghad inpoggu bilqieghda fuq is-sedja biex niggudikaw in-nies.
C.Sammut
Feb 4th 2010, 23:39
'Party mad' is hardly the proper term for a couple of photos taken at apparently two different occasions. I believe even magistrates have a right to a private life and no one has the right to intrude. M. Sciberras do you know any public officer who has not been to more than one party? This is paparazzi hounding at its worst - probably with other intent too.
joseph grech-attard
Feb 4th 2010, 23:20
I have read the blog. It's a limbo dance..."How low can we go!"
Henry Bajada
Feb 4th 2010, 23:12
On this same blog, the columnist in question has been for a number of years, also throwing mud at people who hold public office as well as those who do not. In the same breathe, this same columnist expects, nay demands, that nobody should speak or write about her. What goes round comes around.
That having been said, there are allegations which have been made and which all the other newspapers do not dare write about. The people deserve to be informed about what's happening.
Joe Cassar
Feb 4th 2010, 23:09
So that was what that scurillous attack was all about - mission accomplished.
We can now pick and choose which magistrate hears our cases - if our pen is venomous enough.
Vincenzo Galea
Feb 4th 2010, 23:04
What I want to know is why does the public have to put up with this behaviour on the part of a magistrate who one day will stand there and judge us, or our children?
And why have BOTH parties not taken any action, or issued statements what they intend to do to protect us, the electorate?
J Micallef
Feb 4th 2010, 22:30
Where is the media in investigating these stories? The media should stand up against any authority whether it is political, judiciary, police , etc I am afraid that the media in Malta have all their own agendas, political or otherwise
A.Busuttil
Feb 4th 2010, 21:56
Yes we all read last Sunday newspapers, I tried to read the blog which on Monday had a record hit. Does this mean that a magistrate cannot go to a private party? Does this mean she or he cannot dance.? I think what is dangerous first is to make sure that the host is trustead, and that the host make sure whom he invite and to make sure that they are trustead persons especially when their are high profile guests Because the photos were taken by his guests. But you have to see whats behind this story. Surely this is not about the lady magistrate, not at all. But I think it is more about her partner. Her partner lost it completely with his party and they wanted to creat a situation where he will not contest the by election,so the PM will have some one to relay on. I know Robert well .He is very loyal to his party and has great esteam for Dr Gonzi. But I suggest to robert go for election because there will be no other time.Now or Never
J Martinelli
Feb 4th 2010, 21:40
"..........To have to resort to a blog in order to try and find some fact to venomous rumour and innuendo is a disgrace in democratic 21st century Malta".
No, it was the magistrate's own Facebook, as I understand it and the photos published therein. The page in question has been removed. No rumour, no innuendo, just plain evidence!
It may have been someone else who acquired the photos and uploaded them on the magistrate's Facebook. That is why the code of ethics advises magistrates and judges to refrain from participating in activities which may portray them in some type of behaviour not becoming their status.
rene joseph
Feb 4th 2010, 21:30
M Sciberras.
What is true is that a person's private life was exposed to public humiliation. With all due respect, a person, even though a magistrate is entitled to a private life. Honestly, this country has to get its priorities right. We can't continue to live in a country where people get bullied around and humiliated just because they do not see eye to eye with the other person! people really need to stand up - because the moment you start questioning the inner circle of this government - you will get this treatment - you will find yourself attack, your closest person attacked, children and parents. I find it unacceptable.
MSciberras
Feb 4th 2010, 20:43
On this same blog that is being referred to, a very serious allegation has been made that a serving magistrate is under investigation by the Commission for the Administration of Justice, or some entity to that name, and whats more, this investigation has been going on for a year!!!!! True or not? What is true is certainly the pictures of a party mad magistrate that tens of thousands have seen.......hardly the public behaviour expected ot a magistrate...... So many issues that continue to heap yet more mockery on our discredited judicial system, hot on the heels of having two judges imprisoned for bribery and that a public in a democracy deserve to know about - if true, the question is posed as to why a magistrate does not resign until investigations are concluded....and a question is posed why such an investigation should take so long..........To have to resort to a blog in order to try and find some fact to venomous rumour and innuendo is a disgrace in democratic 21st century Malta.
Miriam Borg
Feb 4th 2010, 20:07
And what about the Case of the Flying Saucers?