Legal complications, a long list of witnesses and a “rather slow pace” mean the Commission for the Administration of Justice will take time to decide on an impeachment motion against a senior judge, Times of Malta is informed.
The commission, presided over by Chief Justice Silvio Camilleri – President George Abela is abstaining due to a conflict of interest – started looking into the case in mid-December 2012, a few days after a motion was tabled in Parliament by then Prime Minister Lawrence Gonzi against Mr Justice Lino Farrugia Sacco.
The judge is due to retire from the Bench on his 65th birthday next year, but after more than eight months, the commission “is still not in a position to come to a conclusion”, adding that it had not met to discuss the matter for quite some time.
According to law, the commission can only recommend whether there is a possible breach of the judges’ code of ethics. If this is established, the Commission’s recommendation will be discussed by MPs, who make a final decision.
The Constitution lays down that a judge can only be removed from the Bench by a two-thirds majority vote in Parliament.
Politically, there is consensus between the Government and the Opposition to abide by the recommendation of the commission.
Back in 2005, the commission concluded Mr Justice Farrugia Sacco was in breach of the code of ethics when he agreed to serve as president of St Joseph band club in Ħamrun.
Later, in 2008, after the judge refused to resign as president of the Malta Olympic Committee, the commission publicly censured him and called for his immediate resignation from the MOC.
The judge ignored the warning and continued to serve as MOC president until last March.
The latest controversy involving Mr Justice Farrugia Sacco, which led to the motion of impeachment, occurred last year when he, and another high-ranking member of the MOC were mentioned in an investigation by The Sunday Times of London over Olympic Games ticket sales.
Undercover reporters, posing as agents seeking to buy tickets, had secretly filmed a conversation with the two men.
Mr Justice Farrugia Sacco has denied any wrongdoing.
In a rare public statement a few days ago, the judiciary harshly criticised proposals submitted to the Government for a revamp of the Commission for the Administration of Justice, stating that it was already entrusted with a constitutional role in the appointment, discipline and removal of members of the judiciary.
A Justice Reform Commission, headed by former European Court of Human Rights judge, Vanni Bonello, is recommending changes to make the judiciary more accountable.
Among other things, it is recommending a new body to discipline members for misdemeanours, bad behaviour and illegal practices.