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Magistrate is accused of political bias

Judge rules magistrate interpreted law wrongly

Anglu Farrugia

Anglu Farrugia

Labour deputy leader Anġlu Farrugia yesterday accused Magistrate Audrey Demicoli of political bias when she acquitted a man of vote rigging in the March 2008 election.

The magistrate’s judgment was overturned by an Appeals Court, which found the restaurateur in question guilty of threatening to sack one of his employees if she did not vote for the Nationalist Party. The restaurateur was fined €800.

Speaking at a party activity in Rabat, Dr Farrugia did not name the magistrate but referred to the judgment, which she delivered in a case that he had reported himself.

He said people expected judgments to be “according to the law”.

“Without saying who her (the magistrate’s) father is or explaining his role in the machinery and strategy of the Nationalist Party, the magistrate acquitted this contractor,” he said.

“I spoke in Parliament and said that a judgment has to be fair and according to law. This is the responsibility of every member of the judiciary. I insisted on an appeal because we cannot go for another election and have this abuse,” he said.

Magistrate Demicoli’s fa­ther, Saviour, has been a PN activist for several years and ran the party’s organising committee in the 1970s and 1980s. A former teacher, Mr Demicoli also represented the party on the Birkirkara local council.

The appeal judgment was made public on Saturday by Dr Farrugia during a debate on Xarabank with his Nationalist counterpart, Simon Busuttil. As he did during the debate, Dr Farrugia asked whether Transport Minister Austin Gatt, who is responsible for the party’s electoral office, would resign over the verdict.

The former police superintendent had brought the matter to the fore shortly after the 2008 election when he called on the Police Commissioner to investigate whether voting documents had been bought by Nationalists ahead of the election, which saw the PN win with a wafer-thin 1,500-vote majority.

He alleged that hundreds of votes could have been sold and gave the police a three-page report detailing cases with names and the alleged amounts traded.

At least one case, that of 44-year-old Pierre Bartolo, owner of Papillon Caterers, was tried in court and he was found guilty of threatening two employees and ordering them to vote for PN.

During the court hearings, it was claimed that two employees – Kristylee Bezzina and Anthony Zammit – had been instructed and threatened over how to vote in the election by their employer.

In the case of Mr Zammit, also known as Is-Sei, who claimed that he had been threatened, three employees had described him as unreliable and the magistrate felt that it could not be proven beyond reasonable doubt that he had been coerced.

Ms Bezzina had testified in court that Mr Bartolo had threatened her. She had also said that she planned to vote PN anyway. On the basis of this, the magistrate concluded that there had been no influence.

The magistrate said she believed that the fact that someone encouraged another person to vote or provided a means of transport to go to vote could not be seen as being an illegal influence or corrupt practice, otherwise the parties’ electoral offices, which regularly organised such transport, would also be guilty.

In an appeal judgment, however, Mr Justice Michael Mallia ruled that the magistrate had misinterpreted the law under which Mr Bartolo had been charged.

Mr Justice Mallia said that Ms Bezzina’s intention to vote PN in any case was “irrelevant” in respect to the charge against Mr Bartolo who had clearly exerted undue pressure on his employees to vote for the Nationalists.

Moreover, the judge noted that Mr Bartolo had driven Ms Bezzina to the polling station to vote during working hours when Ms Bezzina had decided not to vote.

Mr Justice Mallia ruled that the Magistrate’s Court could not have reasonably arrived to the conclusion it had reached and, so, upheld the appeal, finding Mr Bartolo guilty of exerting illegal pressure and fined him €800.

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Anthony Scicluna

Dec 17th 2012, 16:58

JB, what is wrong is wrong. Why then no Labour supporter recognises and admits companies were called during the famous imnarja incident so that employers report no shows to the MLP?

m. borg (slm)

Dec 17th 2012, 17:37

The Inmarja was an illegal call by PN to miss a day's work.

PN was not a union but a political party had no right to call a strike because government removed Imnarja from a public holiday. The same party that made public holidays that fall on a weekend not given as an extra off day some other tiem.

Tonio Bone

Dec 17th 2012, 18:28

@ m.borg (slm) - the Imnarja Days was a very bleak and worrying for period which was fast becoming a police state. If you are comparing those days with today then you are either locked in a time warp or you are so indoctrinated you are incurable. How can you even think of churning up those times again is beyond me. The population was terrorised. How can you rekindle such bad nightmarish memories!

Anthony Scicluna

Dec 17th 2012, 18:40

m borg (slm). How convenient it is dismiss one wrong with some lame excuse that it was illegal. You still ignored that the report by the employers had to be made to the MLP-GWU (the time when they were one). That is illegal in itself. Not showing up for work is a matter internal to companies and a political party has no say in it. This is what the above states. Vera, Labour won't change.

m. borg (slm)

Dec 17th 2012, 17:38

No one is keeping you from doing just that why should you drag everyone else.

Francis Saliba M.D.

Dec 17th 2012, 16:14

@patMuscat.

These are NOT corrupt practices:

Insisting that an employee should not negligently omit to vote for the party of its choice
Allowing an employee to leave the place of work to vote
Providing transport to and from the polling booth
An employer warning that after the election jobs would be lost.

Corrupt practice is when votes are snatched from electors queuing to vote.

pat muscat

Dec 17th 2012, 17:00

@ Frances Saliba MD.
Bad excuse are worse than none.

Francis Saliba M.D.

Dec 17th 2012, 17:30

@ pat muscat.

Is that the best you can do? Please, try to confute my clear points logically. Your opinion that they are "bad excuses" is grossly inadequate.

Michael Seychell

Dec 17th 2012, 21:31

Pat you are either young in age or you have a blinkered memory. Under the Mintoff regime people were even shot at to deterr them from voting. In 1987 many PN supporters in Zejtun could not go to vote because of the meddling of the Labour thugs. I hope you will not tell me not to mention the past,since as we know history repeats itself.

Michael Seychell Tal-Pieta

Carmel Zammit

Dec 17th 2012, 13:06

Where did you get this from?

Carmel Zammit

Dec 17th 2012, 13:05

It may not be music to your ears but it is very serious indeed. Not to be taken lightly.

A.Felix Busuttil

Dec 17th 2012, 14:31

who impressed you?
the guy who talked a lot and did not know the facts, impressed you because he speaks softly, the hanini way.after all he was afraid to face Franco in his eyes. Simon is the deputy leader of Dr Franco Debono, Franco still a GonziPN MP

Jimmy Ventura

Dec 17th 2012, 17:49

So old labour is right after all!
He was proved right by the court.

Jeffrey Mallia

Dec 17th 2012, 12:38

Indeed you brought tears to my eyes as well A Bezzina....!! Mind you, you should have done something about it in 25 years ....

Carmel Zammit

Dec 17th 2012, 13:12

You speak of institutionalised threats, violence and bullying. I suffered all of these at the hands of a PN administration and with impunity not in the 80's but as close as 2005 to 2008.

A Bezzina

Dec 17th 2012, 13:37

I have .. I've refreshed my memory every time I see the nightmarish PL faces from the 80s of which there are still MANY around ...

L Zammit

Dec 17th 2012, 18:14

Din hi l-mentalita laburista. Minn dejjem hekk kienu. Jekk ma taghmilx li nghid jien 'inkissrek'.

Alfred Falzon

Dec 17th 2012, 22:28

@ L Zammit

Iva, il-Partiti hekk jaghmlu la darba tikser difrejk maghhom!

Naqbel mieghek perfettament izda t-tnejn li huma fil-Parlament u mhux il-Partit Laburista biss!

Il-kaz ta' Pawlu Carachi, ta' Mintoff bhala "backbencher" u issa dak ta' Franco Debono huma xiehda hajja ta' dak li semmejt.

Irridu nsemmu z-zewg qniepen biex inkunu kredibbli!

Alf A Falzon

m. borg (slm)

Dec 17th 2012, 11:53

Tell gonzi this.

twanny borg

Dec 17th 2012, 12:16

jekk jheddek li se jisparalek iva imma jekk jghidlek li jekk jitla partit mhux se jkolli xoghol u jkeccik nahseb jista'. wara kollox il-partiti mhux hekk jghidu lil xulxin li se jtelfu x-xoghol?

Edward Gatt

Dec 17th 2012, 12:31

Le mhux gustifikabbli. Imma int stess qieghed tghid li kien l-imghallem u mihux xi hadd fil-partit nazzjonalista li ghamel it-thedid.

J Camilleri

Dec 17th 2012, 15:10

Imma jekk xi hadd icahdek mid-dritt tal-vot, xi dritt fadallu l-bniedem? ....f'pajjiz li suppost hu demokratiku?

Antoine Vella

Dec 17th 2012, 12:05

As a matter of fact, the case mentioned in this story IS nonsense. What about the hundreds of votes that Anglu Farrugia said had been bought by the PN? Whatever happened to that accusation?

victor bonello

Dec 17th 2012, 12:30

we all know of certain things, but to prove them beyond seasonable doubt is not easy especially when in the opposition benches. It is a fact, that PN supporters on the eve of the election donated huge amounts of money to the PN so that planes could be chartered to bring PN voters in. Is this not buying votes?

Mr Andrew Camilleri

Dec 17th 2012, 14:59

The fault is of the present system where the Pm nominates the judiciary. It is obvious that any PM will nominate people know to have his party's leanings. Gross mistake which needs to be changed.

Tony Borg

Dec 17th 2012, 11:39

The fact that Judge Pace was appointed by Labour in 1998 is immaterial. If all was well in 1998 what is the problem? If judge Pace did something wrong afterwards that is another matter.
Using your way of thinking God created Adam and Eve, but one sinned. Does that mean that because God created them, he was wrong, and you will be bringing this up as you normally do about what happened years ago.

A Cuschieri

Dec 17th 2012, 12:23

@ Tony Borg

Actually, that's what Anglu Farrugia did in the first place. Simply because Mag. Demicoli's father was a PN activist, he's stating that her decision was politically biased.

And by the way, Adam and Eve weren't bound to keep others from sinning, but Pace and Farrugia Sacco allegedly committed crimes that they themselves should punish when committed by citizens.

Mr Andrew Camilleri

Dec 17th 2012, 15:01

Cuschieri: more worrying in your comment is the statement that these judges appointed by Labour. You are clearly stating that judges have a political loyalty to the party that appointed them. This has to change and judges should be appointed by a totally independent board or through exams (as is done in many EU countries).

twanny borg

Dec 17th 2012, 12:00

siehbi din is-sistema li qed issemmi jgawdu minnha t-tnejn. naf x'qieghed nghid kultant tal-pl aktar avolja fil-gvern hemm il-pn.

twanny borg

Dec 17th 2012, 10:49

Bhal taz-zejtun per ezempju?

joseph saliba

Dec 17th 2012, 10:58

'Just think...by the PL in government or some PL supporter. That is the difference! The PL (or PN) is not the same as some PL (or PN) whether in gov. or not.

Paul Gauci

Dec 17th 2012, 11:16

They would have written a sequel of 'Liberta' Mhedda' by Dione Borg.

J Martinelli

Dec 17th 2012, 11:16

Oh, now we can put our minds at rest that such tactics were never used by the MLP, Mr Dimech!
Not being caught does not imply innocence. This particular wrongdoing fades to insignificance compared to an attempt by Muscat's Labour Party to deny over 200 legally entitled voters, to vote on March 9. Their right was restored after challenges in court by the NP.
Min jiskongra jrid ikun pur, Albert.

m. borg (slm)

Dec 17th 2012, 11:52

Twanny taz-zejtun nobody's livelyhood was threatened.

It was still wrong but the gravity was less and by the way the Zejtub incident was decided favourably for PN.

Antoine Vella

Dec 17th 2012, 12:07

Court judgement - or the lack of such judgements - actually prove Anglu Farrugia wrong. He had loudly insisted that he knew of hundreds of cases where people had been bribed to vote PN.

Where are they? Why isn't he mentioning them any more?

Charles J. Buttigieg

Dec 17th 2012, 14:13

Martinelli,the PL does not have the legal power to remove any name from the electoral register but,like you and I, has the legal right and obligation to report any mala fede voter. And the PN is protecting them.

Francis Saliba M.D.

Dec 18th 2012, 10:33

Anglu Farrugia actually accused Magistrate Demicoli of being biased and therefore somehow.corrupt.
No one has implied the same as regards Judge Mallia although many have expressed an opinion that the reasons adduced for the alleged corrupt practice seem incredibly stupid, Please see my comment @ pat muscat, yesterday at 16:14.

m. borg (slm)

Dec 17th 2012, 11:50

The difference Mallia has no close relatives militating in PL like the other's father who happens to ba a council member for gonzipn.

Edward Gatt

Dec 17th 2012, 12:29

@ m. borg (slm)

So what about a Judge whose son is a candidate for the LP? Does that render him not suitabale for the post?

Francis Saliba M.D.

Dec 17th 2012, 12:44

@ m borg.

Possible sources of bias in judgements are legion and they are not restricted to family relations.

It is stupid to allege a bias when a judgment goes against you but to claim probity when it is in your favour. That is what A Farrugia has done and what you are defending,

m. borg (slm)

Dec 17th 2012, 11:47

Do you think we should all grow up and get over criminal acts, maybe the Karen Grech or Raymond Caruana cases?

How infantile if anybody needs to grow up its you, a criminal act is a criminal act even after 50, 100, or a thousand years.

Maria Xuereb

Dec 17th 2012, 10:35

Mhux ghalhekk il-PN baghtu dawk l-ittri anonimi li ser jinghataw it-transfers, dak mhux thedd ukoll, forsi minn 1000 ikun hemm 5 li jghidulek nibza li nlaqqat transfer mela ha nivvota PN flok PL kif kont ha naghmel. Mela dawk li jkunu qed ipappuha kollha kemm huma jintimidaw lill-impjegati taghhom bi xi mod jew iehor jew li se jispiccaw bla xoghol ghax mhux ser niehdu izjed kuntratt etc, etc.

m. borg (slm)

Dec 17th 2012, 11:45

Mr Tabone not with todays technology, although mobiles are illegal in polling boots they are used to photgraph the vote in order to collect ones dues.

Maybe even ask for assistance where reps from both side see you vote then a simple gesture will suffice.

Mr Albert Dimech

Dec 17th 2012, 10:12

Int forsi iva, imma minn ikun mheded b'xogħolu x'jagħmel? Il-punt hu li f'aktar minn kas wieħed instab fil-qorti li kien hemm illegalitajiet u nies imġiegħla jivvotaw lill-PN meta kien se jagħmlu mod ieħor.

twanny borg

Dec 17th 2012, 10:48

@albert dimech - kemm qed tahseb li hawn cwiec? U min jghidlek li ma kienx hemm kazijiet min-naha tal-labour jekk veru hekk? U dan is-sei min huwa li qal li gie mhedded? Halluna!!

A Cardona

Dec 17th 2012, 09:53

one sensible unbiased comment. Agree with you 100%

Lawrence Fenech

Dec 17th 2012, 09:55

@Farrugia.

Your arguement does not hold water.

John Micallef

Dec 17th 2012, 10:07

Whats d insult exactly? We use electricity to produce water...

Noel Gatt

Dec 17th 2012, 11:34

Ma naqbilx mieghek Marco li Laburisti biss huma validi. Gonzi wkoll ma jaqbilx mieghek ghax hlif nazzjonalisti ma jahtarx fil bordijied .L anqas Joseph Muscat ma jaqbel mieghek ghax dejjem jinsisti li Malta bzonn kulhadd.

Charles J. Buttigieg

Dec 17th 2012, 10:23

twanny, There's a simple answer, photograph the ballot paper or asking one of the assistant commissioners to vote for you claiming illiteracy or disablement.

m. borg (slm)

Dec 17th 2012, 11:40

Fl-elezzjoni ta' 1998 kien hemm rekord ta' nies li talbu l-assistenza biex jivvuta minhabba illiterizmu, x'kumbinazzjoni.

Huwa illegali li tiehu ritratt tal-vot imma donnu f'Malta kif jghidu ta' gonzipn KOLLOX POSSIBLI anke iddahhal mobile biex tiehu r-rittratt.

twanny borg

Dec 17th 2012, 11:51

tiehu ritratti huwa kontra l-ligi u ma tithalliex. trid tkun imbicilli thallas il-flus biex tara ritratt ta' vot meta wiehed jista' jurik ritratt falz alterat ta' vot mill-hafna li jintbaghtu d-dar ukoll.

twanny borg

Dec 17th 2012, 10:39

Le assolutament ma naqbilx wiehed l-ewwel ghandu jkollu dritt iwiegeb u tigi imxandra t-twegiba. Ghandna nkunu tolleranti mhux nalqu halq in-nies b'xi libel inkluz ta' angelo farrugia li ma naqbilx mieghu. Id-demokrazija u r-rispett tal-opinjoni ghandhom jigu l-ewwel avolja jkunu iweggu. Jekk nibdew nalqu halq in-nies nohonqu l-liberta.

ANTHONY PAVIA

Dec 17th 2012, 11:15

"Mr Justice Mallia ruled that the Magistrate’s Court could not have reasonably arrived to the conclusion it had reached and, so, upheld the appeal,"

Might have a go at Mr Justice Mallia along the way, as well. Would it be asking too much of commentators to read the article before shooting their political prejudice off?

matthew tanti

Dec 17th 2012, 11:50

unreasonable does not mean that the reason behind her decision was political. otherwise we may start saying that Mr Justice Mallia reversed the decision because he has different political beliefs!

Charles J. Buttigieg

Dec 17th 2012, 14:24

Twanny you are forgetting the Party Assistant Commissioners. The system is risk free when done in league between the party and its agent. Surely you are intelligent enough and does not need me to spell out the mode in detail.

matthew tanti

Dec 17th 2012, 15:34

x'ghandu x'jaqsam? nobody can use the right of freedom of speech to slander others! le inhallu lil kulhadd jghid li jrid u jcappas u jhammeg lil min irid minghajr ma jkollhom dritt jiddefendu d-dritt taghhom il-qorti!

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