Mr Justice Lino Farrugia Sacco raised eyebrows when he delivered a sentence in a pending court case yesterday, just a day after the watchdog said there was prima facie proven misbehaviour by the judge.

Entering the building with his registrar, the judge’s business-as-usual attitude was met with incredulity by senior members of the law profession, judges and former judges.

They informally told this newspaper that after the pronouncement by the Commission for the Administration of Justice, there was no doubt in their mind that the judge should not continue hearing any cases until the impeachment motion was decided by the House of Representatives.

The judge’s presence at the law courts also sparked immediate reactions from the government and Opposition.

Justice Parliamentary Secretary Owen Bonnici put the onus of any action against the judge on the Chief Justice, while Nationalist Party justice spokesman Beppe Fenech Adami unequivocally said Mr Justice Farrugia Sacco should not continue to hear any cases until a final decision was taken.

Asked to say whether the judge should be suspended until the impeachment motion was decided, Dr Bonnici did not comment but said: “The law clearly states that it is only the Chief Justice who has the right to decide on the caseload to be assigned or not assigned to a judge and magistrate.”

‘Not in best interest of justice’

Dr Fenech Adami said: “The decision by the judge to carry on with his work despite the Commission’s decision is not in the best interest of justice and continues to diminish the public’s respect towards the judiciary.”

The PN appealed to the government to put the impeachment motion on Parliament’s agenda as soon as possible so that it will be decided expeditiously.

According to law, Chief Justice Silvio Camilleri has the power to intervene and reassign pending cases before Mr Justice Farrugia Sacco to other members of the judiciary.

But questions sent to Dr Camilleri, asking whether he would be taking any action, remained unanswered by the time of going to print.

Meanwhile, Parliament’s House Business Committee is tonight expected to discuss how to proceed with the impeachment motion against the judge. The committee may either decide to assign the hearing of the motion to the Privileges Committee or directly to the plenary.

Both sides of the House have already expressed their desire to treat this motion in a very serious and expeditious manner.

After Speaker Anġlu Farrugia tabled the commission’s report, Prime Minister Joseph Muscat said he would stick to the line he adopted as Opposition leader, to abide by the commission’s recommendations.

The PN is on the same wavelength, with Opposition leader Simon Busuttil agreeing the impeachment motion should be decided as soon as possible.