Ombudsman Joseph Said Pullicino yesterday called on the President and the Chief Justice to relieve judge and Maltese Olympic Committee president Lino Farrugia Sacco of his judicial duties.
My opinion applies so long as the judge does not immediately and responsibly suspend himself
The Ombudsman – himself a former Chief Justice – said this should be the procedure until Mr Justice Farrugia Sacco cleared his name over his alleged involvement in a scandal related to the sale of the Sochi Winter Olympic tickets.
Pressure is also mounting on the judge and on MOC general secretary Joe Cassar, also implicated in the scandal, with a meeting of the local Olympic body’s general council expected to be held today.
Last week, the International Olympic Committee said it expected national organisations to take appropriate action to reprimand officials.
This followed the results of an investigation it had launched after a probe by undercover reporters of The Sunday Times of London. Posing as agents seeking to buy tickets allocated to Malta for the 2014 winter games, they secretly filmed Mr Justice Farrugia Sacco and Mr Cassar.
The judge had agreed to take part in the discussion “when it was apparent that his interlocutors seemed to be looking for ways to circumvent the official mechanism”, the IOC ethics commission report concluded.
It also rapped four other officials from Greece, Lithuania and Serbia.
Describing the latest news involving Mr Justice Farrugia Sacco as “shocking”, the former Chief Justice said irrespective of any judgment, the news itself will “severely undermine trust in the administration of justice”.
Addressing President George Abela, the Ombudsman wrote: “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 his judicial duties until the charges levelled against him are finally determined in full respect of his constitutional rights, including that of presumption of innocence.”
Putting the onus for Mr Justice Farrugia Sacco’s suspension squarely on the current Chief Justice Silvio Camilleri, the Ombudsman said the decision ultimately rested with him “in the proper exercise of his functions”.
In his letter, Dr Said Pullicino left the door open to Mr Justice Farrugia Sacco, suggesting that in view of the findings of the International Olympic Committee, he should suspend himself.
“My 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.”
The Ombudsman’s strongly worded letter follows a call by Prime Minister Lawrence Gonzi for Mr Justice Farrugia Sacco to “do the honourable” thing and resign.
Both the PN and Alternattiva Demokratika have made similar calls. Labour leader Joseph Muscat has said he will respect any decision taken by the Commission for the Administration of Justice.
On his part, Mr Justice Farrugia Sacco is denying any wrongdoing, insisting he will not resign.
“The Prime Minister is trying to be funny,” Mr Justice Farrugia Sacco had told The Times when asked to react to calls for his resignation.
Last June, when the scandal broke in the international press, Justice Minister Chris Said had officially asked the commission to investigate the allegations and present some sort of recommendation. The commission has not yet concluded the case.
In his letter, Dr Said Pullicino left the door open to Mr Justice Farrugia Sacco
President Abela withdrew from the hearing of the case due to a conflict of interest. In the past he defended Mr Justice Farrugia Sacco before the same commission over accusations of breaching the code of ethics of the judiciary.
Due to the President’s withdrawal, the commission is chaired by the Chief Justice in this case.
Contacted yesterday, the Chief Justice said he could not comment on the contents of the Ombudsman’s letter as this was addressed to the President.
“I assume the justice commission will now address the Ombudsman’s letter,” he said.
Asked to say what stage this case had reached, a commission spokesman refused to give any details, citing the law that states all procedures are held in camera.
Meanwhile, various associations affiliated with the MOC are expected to raise the issue during a general council meeting this evening.
Contacted by The Times, several confirmed the IOC accusations would be a main item on the agenda and many members were expecting clarifications from its president, Mr Justice Farrugia Sacco, and from general secretary Mr Cassar.
The issue was discussed during a meeting of the MOC executive on Monday. Denying any wrongdoing, the two MOC officials have said they will explain their situation during tonight’s general council.
MOC sources told The Times that Mr Justice Farrugia Sacco enjoyed support among the majority of associations.
In 2008, the commission had publicly reprimanded Mr Justice Farrugia Sacco for breaching the judiciary’s code of ethics by holding onto his position as MOC President.
Despite this reprimand, Mr Justice Farrugia Sacco did not resign and is still MOC President and a member of the judiciary.