Mr Justice Lino Farrugia Sacco will be appealing against a Constitutional Court judgment which held that the judiciary watchdog had not breached his rights when it ruled there was no need to re-evaluate a fresh impeachment motion presented against him after the general election.

On Thursday, the court said there was no breach when the Commission for the Administration of Justice ruled that nothing had changed from the first impeachment motion against the judge – presented before the election by then prime minister Lawrence Gonzi – and that it therefore did not need to re-evaluate the matter.

The commission had ruled on both occasions that there was prima facie evidence of misbehaviour by Mr Justice Farrugia Sacco after he defied its calls to resign as president of the Malta Olympic Committee.

The judge, who has been probed by the Commission for the Administration of Justice since 2005, is due to retire in two months’ time. The appeal could take weeks to be concluded and the judge celebrates his 65th birthday in August, when, by law, he will have to retire.

The judge celebrates his 65th birthday in August, when, by law, he will have to retire

When the government decided to shelve disciplinary procedures pending the outcome of court proceedings initiated by Mr Justice Farrugia Sacco, constitutional experts, including former European Court of Human Rights judge Giovanni Bonello, had said that the impeachment motion could still be heard by Parliament despite the judge’s right to contest the commission’s decision.

The Opposition had criticised the government’s stand and argued that the move would mean the judge would be let off the hook despite the commission’s ruling that there was prima facie evidence of misbehaviour when he remained Malta Olympic Committee president in the face of calls for him to leave. Dr Bonello had described the decision as a re-inforcement of the conclusions that the judiciary became “wholly untouchable” once appointed.

Mr Justice Farrugia Sacco has been under the commission’s radar for at least nine years (see timeline).

He was reprimanded on his double roles as a member of the judiciary and his posts in social and sporting associations, which were not permitted by the code of ethics.

The PN yesterday again called on Prime Minister Joseph Muscat to proceed with the impeachment motion as it was becoming evident that the government was using tactics to allow him to retire before a decision on his impeachment could be taken.

The PN said this further eroded people’s trust in the justice system.

Timeline

2005: Judiciary watchdog finds judge in breach of the code of ethics for occupying the post of president of St Joseph Band Club, Ħamrun.

2008: Watchdog publicly censures judge for remaining president of the Malta Olympic Committee. Orders him to step down as president but he does not.

June 18, 2012: The Sunday Times of London mentions judge in his MOC role in article on probe into alleged illegal sales of Olympics tickets.

June 19: Justice Minister asks watchdog to probe the judge.

December 9: Then-Prime Minister Lawrence Gonzi asks judge to resign to clear his name.

December 10: Judge says Prime Minister must be joking. Denies any wrongdoing.

December 15: Government presents impeachment motion for the judge’s removal. Then-Opposition leader Joseph Muscat says Labour will follow judiciary watchdog’s recommendation.

January 16, 2013: Judge files court case asking for removal of two members of the judiciary watchdog.

March: Judge decides not to re-contest MOC presidency.

October: Court turns down judge’s case against two members of the watchdog. Appeals decision.

January 5, 2014: Judiciary watchdog finds evidence of wrongdoing by judge. Proposes his removal to Parliament.

January 20: Chief Justice relieves judge from his duties.

January 27: Court turns down appeal filed by judge in the case to remove two members of the watchdog.

January 27: Speaker declares motion against judge dead. Government files a new motion.

February 7: Times of Malta reports judge still defying code of ethics as he successfully contested a post as executive member of the International Commission for Mediterranean Games.

February 11: Judiciary watchdog insists on its decision and recommends to Parliament again to forge ahead with impeachment motion.

February 28: Judge files new court suit challenging the watchdog’s latest decision.

February 28, 2014: Government MPs decide to shelve the impeachment motion pending court’s decision on constitutional case filed by judge. Opposition disagrees.

June 5: Constitutional Court turns down judge’s plea.

June 5: Prime Minister insists judge should be allowed to continue to exercise his legal rights.

June 6: It is announced the judge will appeal the decision.