Three judges have been sacked although they did not do anything illegal. Don’t get too excited. This did not happen in Malta but on a different planet. On the other hand, on the ‘u iva’ island, a magistrate is still sitting on the bench months after the Minister for Justice described his action as “abusive and illegal”. Besides, a judge who was found guilty of unethical behaviour by the constitutionally set up Commission for the Administration of Justice was allowed by the government to happily retire as if nothing has happened.
Let us unpack this paragraph bit by bit.
Last Tuesday, the British media was agog with the story that three English judges (junior ones to be precise) have been sacked, and a fourth resigned before he was sacked. The reason was that they accessed pornographic material via their official IT accounts; that is, they watched porn while at work and used their office computers to watch porn.
Watching porn is not illegal unless it includes child pornography. The judges were not guilty of anything of the sort. All commentators emphasised the fact that they did nothing illegal.
Many in Malta, probably many reading this commentary, would say “u iva, a little porn never hurt anybody. And judges like each and every one of us can fall for the temptations of the flesh. Watching porn in no way interferes with their ability to give impartial judgment. So… u iva, they did nothing illegal so there should be no problem.”
But you see, in that far away extra-terrestrial planet called England they know there is only so much hiding one can do behind the convenient fig leaf called legality. Unlike Robert Musumeci, the former mayor of Siġġiewi, the English judiciary have not, as yet, descended so low into the cesspit of relativism. They still make a difference between right and wrong behaviour, whether it is legal or not.
The Lord Chancellor and the Lord Chief Justice of England happen to be members of such a species. They believe that using an office computer paid for by the taxpayer during office hours to watch porn is an “inexcusable misuse” of their official accounts and “wholly unacceptable conduct for a judicial office holder”.
Had they done the same thing at home there would have been little basis for dismissing them.
But if this is done in their office, for the Lord Chancellor and the Lord Chief Justice, this is another matter altogether.
The behaviour that they expect from a judge is different from the behaviour they expect from a normal Mr Smith or Mrs Jones.
In Malta we do things differently. In December 2013 Magistrate Carol Peralta threw an unauthorised Christmas party in ‘his’ courtroom. During the party, alcohol was served and, according to media reports, tipsiness was observed, and Peralta was seen smoking inside the chamber – something which in itself is illegal. When a Times of Malta reporter went to the courtroom to look into the matter, the magistrate abusively and incredibly asked the police to take action against him.
“U iva”, many said, “a little Christmas spirit livens up life. What’s the bother?” Peralta saw nothing wrong and defended himself by saying that others do it as well. It is tu quoque gambit that is favoured by those who have no rational leg to stand on.
A magistrate is still sitting on the bench months after the Justice Minister described his action as ‘abusive and illegal’
Justice Minister Owen Bonnici was among those who were not amused. He called Peralta’s actions “illegal and abusive” and wrote to the Commission for the Administration of Justice, asking it to act with urgency and “take all the steps it deems fit”.
Today, 15 months later, the Commission, which is chaired by the President of the Republic, is still deliberating, undoubtedly with great urgency – “u iva, what’s the hurry. We don’t want to beat the proverbial tortoise, do we?”
It could be that the Commission is in no hurry because it does not want to burn its fingers once more.
On two different occasions the Commission for the Administration of Justice twice concluded that the Judge Farrugia Sacco broke the judiciary’s code of ethics and that there was a prima facie case for impeachment. Prime Minister Joseph Muscat promised that he would abide by the decision of the Commission. But while he decided to run like a rabbit to give the Café Premier’s owners €4 million and a €200,000 commission, besides letting them get away with close to €300,000 worth of equipment, he helpfully decided to change tack and move like a tortoise in hibernation in Farrugia Sacco’s case, who understandably, happily retired last August.
Former judge of the European Court of Human Rights Giovanni Bonello said that the government’s procrastination reinforced the conclusion that the judiciary became wholly untouchable once appointed.
Others begged to differ.
“U iva an additional pensioner would not break the country’s finances, which are now in a good state.”
This ‘u iva’ culture is deeply rooted in the Maltese psyche. People see no problem with the employment of wives, husbands, girlfriends and partners in positions of trust on the public purse.
It is fine for high officials who have the service of a driver as a perk to regularly ask him to do the school run or take the missus shopping. Office expenses are meant to cover regular family lunches, exaggerated use of stationery for personal and family use.
Boundaries are many times deliberately blurred, though at times, I grant, there is a lack of institutional clarity where the boundaries lie.
Had this ‘u iva’ attitude been borne from a belief that there is place for mercy and compassion even in public life where people should be given a second chance after atoning, it would have been praiseworthy.
But the attitude is borne and bred by a cynical attitude of live and let live, come what may.
As Lena Dunham of ‘Girls’ says “Live and let live is the generous way to be”, but it seems in our ‘u iva’ culture, generosity does not extend beyond our self-interest.
The English, God bless them, are a bunch of stuck-up snobs, victims of an inclement climate.
On the other hand we’re a happy-go-lucky lot bent on enjoying ours and, preferably, what’s not ours.
U iva, what’s wrong with a bit of bonus on the side, when everyone does it?
joseph.borg@um.edu.mt