A Constitutional Court yesterday confirmed that the judiciary watchdog had not breached the rights of a judge, who has since retired, when it decided on an impeachment motion against him.

Judge Lino Farrugia Sacco appealed a decision by the Civil Court, which, last year, found that there had been no human rights breach when the Commission for the Administration of Justice ruled there was no need to re-evaluate a fresh impeachment motion presented against the judge after the general election.

The commission had declared that nothing had changed from the first impeachment motion moved before the election by then prime minister Lawrence Gonzi.

The commission had ruled there was prima facie evidence of misbehaviour by Judge Farrugia Sacco when he defied its calls to resign as president of the Malta Olympic Committee.

Eventually, the judge decided not to run for president.

In a 141-page judgment, the Constitutional Court, presided over by Mr Justice Joseph Micallef, Mr Justice Tonio Mallia and Mr Justice Noel Cuschieri, held that no breach of Judge Farrugia Sacco’s rights had taken place.

The judge’s conflict with the commission goes back several years. In 2005, the watchdog found him in breach of the judiciary’s code of ethics in his occupying a post in a social organisation – that is, serving as the president of St Joseph Band Club, Ħamrun.

Dr Gonzi called on the judge to resign after a probe into allegations of illegal ticket sales for the London Olympics

Three years later, it publicly censured him for remaining in the MOC and directed him to step down, but he refused.

Dr Gonzi called on the judge to resign after he was mentioned in a report by The Sunday Times of London in 2011, which was probing alleged illegal ticket sales for the London Olympics. The judge denied any wrongdoing, which led to Dr Gonzi presenting his impeachment motion.

When the Labour Party won the general election in 2013, the Speaker of the House of Representatives ruled that the impeachment motion did not stand, because it had been presented by someone who was no longer a member of Parliament.

This led the new government to present a second motion. In January of last year, the Chief Justice relieved the judge of his duties, but the impeachment motion was put on hold until all court cases instituted by Judge Farrugia Sacco had been heard.

The judge retired last August upon reaching the statutory retirement age of 65.

The judge was represented in court by his two lawyer sons, David and Steven, by retired judge Philip Sciberras and the latter’s son Alex, also a lawyer.

Lawyers Kristina Rapa Manché and Henri Mizzi appeared for the commission. Lawyer Louis Cassar Pullicino appeared for the Prime Minister. Lawyers Susan Sciberras and Victoria Buttigieg appeared for the Attorney General.

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