A judge facing an impeachment motion in Parliament has filed a last-minute appeal against a Constitutional Court decision that the judiciary’s watchdog had not breached his human rights.

Earlier this month, Madam Justice Lorraine Schembri Orland ruled that the Commission for the Administration of Justice did not violate Mr Justice Lino Farrugia Sacco’s rights when it decided there was no need to re-evaluate a second impeachment motion presented against him after the general election.

Yesterday was deadline for an appeal to be filed.

His conflict with the commission goes back several years.

In 2005 it found him in breach of the judiciary’s code of ethics for occupying a post on a social organisation, as president of St Joseph Band Club, Ħamrun.

Three years later, it publicly censured him for remaining president of the Malta Olympic Committee and directed him to step down. He refused to do so.

After the The Sunday Times of London mentioned him in 2011 following its probe into alleged illegal ticket sales for the London Olympics, then Prime Minister Lawrence Gonzi called for the judge to resign; however, Mr Justice Farrugia Sacco denied any wrongdoing, prompting an impeachment motion from the government.

The commission ruled there was prima facie evidence of misbehaviour after Mr Justice Farrugia Sacco defied its calls to resign as MOC president and recommended the motion should proceed.

However, after the Labour Party won the general election last year, the Speaker of the House ruled the impeachment motion did not stand.

The new government moved a second motion, but the commission felt there was no need to go through the process all over again and stated that the motion could once again proceed.

In January the Chief Justice relieved Mr Justice Farrugia Sacco of his duties.

The appeal against the court’s decision could take weeks to be concluded.

But the process is likely to prove futile in any case as the judge will step down in August when he reaches the statutory retirement age of 65.

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