The Ombudsman, Joseph Said Pullicino has written to the President expressing his concerns over the allegations made against Mr Justice Lino Farrugia Sacco by the International Olympic Committee.

In his letter, Dr Said Pullicino, a former Chief Justice, told President Abela in his capacity as head of the Commission for the Administration of Justice that the commission should use its moral authority to ensure the judge allegedly involved in this scandal is immediately relieved from attending to his judicial duties. This should be until the charges levelled against him are finally determined in full respect of his constitutional rights, including that of the presumption of innocence.

In his letter, the Ombudsman wrote:

"The news that a Judge of the Superior Courts has been implicated by an international sporting authority in a case of corruption has shocked me as indeed also our nation. The news in itself, irrespective of any judgement as regards guilt or otherwise, severely undermines trust in the Administration of Justice.

"Article 12 of Act XXI of 1995 precludes me as Parliamentary Ombudsman, to express an opinion on the Judiciary and consequently on the behaviour of members of the judicature in the exercise of their duties. This does not however prevent me from expressing my opinion on the effects of such behaviour on the proper administration of justice in the country, all the more so when this concerns actions which are not in any way related to the recognised functions of a Judge.

"It is in this spirit, Mr President, that I am submitting my well-formed opinion that the Commission over which you preside should use its moral authority to ensure that the Judge allegedly involved in this scandal is immediately relieved from attending to this judicial duties until the charges levelled against him are finally determined in full respect of his constitutional rights, including that of the presumption of innocence. This decision ultimately rests with His Honour the Chief Justice in the proper exercise of his functions.

"This decision finally devolves on the Chief Justice in the exercise of the functions of his Office.

"The above opinion applies so long as the Judge, against whom the allegations have been made, does not immediately and responsibly suspend himself from the exercise of his judicial duties so as to be best able to defend himself with the least possible negative effects on the Administration of Justice.

"I am of the opinion that such action needs to be taken also in the light of the advice tendered to you by the Honourable Prime Minister to dissolve Parliament on 7 January 2013."

 

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