Judges hearing an appeal by Mr Justice Lino Farrugia Sacco seeking the abstention of two members of the Commission for the Administration of Justice will hand down their decision on January 27.
Judges Tonio Mallia, Joseph R Micallef and Noel Cuschieri today heard concluding statements in the appeal filed by Justice Farrugia Sacco after a court on October 22 rejected his bid to have Judge Victor Caruana Colombo and Reuben Balzan abstain from the commission while it considered an impeachment motion filed in December 2012 by then Prime Minister Lawrence Gonzi,
The commission subsequently issued a report finding Judge Farrugia Sacco guilty of proven misbehaviour for having ignored its previous warnings and stayed on as president of the Malta Olympic Committee.
The impeachment motion was presented after the Malta Olympic Committee was rapped over alleged irregular ticket sales by the International Olympic Committee.
The Justice Commission found that the judge was not involved in irregular ticket sales, but his continued presence on the committee had undermined the respect which the people should have in the judiciary.
During today's proceedings, Prof Ian Refalo appearing for the Commission, said the commission gave its recommendations but did not judge the civil rights of a person.
Lawyer Alex Sciberras, appearing for Mr Justice Farrugia Sacco, said that the court had to limit itself to what was laid down in the law. There seemed to be eagerness to disregard the principles of a fair hearing and natural justice.
Retired Judge Philip Sciberras, also appearing for Justice Farrugia Sacco complained that the commission investigated cases and gave its judgement, making it prosecutor, judge and jury all in one. The commission should not have among its members, persons who were involved in the 2007 decision (which called on Judge Farrugia Sacco to step down from the Olympic Committee).
Lawyer Stephen Farrugia Sacco said Judge Caruana Colombo had served as a representative of the former government while Dr Balzan had worked for Opposition leader Simon Busuttil and former minister Francis Zammit Dimech. He had also worked for Mizzi Organisation when Dr Gonzi headed it.