A court this morning warned the Labour Party's deputy leader Toni Abela of “unprofessional behaviour” after failing to summon any witnesses for whom it had dedicated almost four hours.
Madam Justice Lorraine Schembri Orland made this remark after Dr Abela, who is appearing for the PL, informed her that he only had an affidavit from former PL official Frederick Azzopardi as evidence.
The court noted that it could not understand how such things happened, especially since it had tried to acquiesce to Dr Abela’s requests by not holding any sittings in October as the lawyer said he would be indisposed.
Madam Justice Schembri Orland, said that Dr Abela’s behaviour was “unprofessional”, and noting that the outcome of the case was crucial to the people. The court added that even though the PL had had the evidence since September it had not submitted anything substantial to back up its exceptions.
“The court cannot and is obliged not to allow cases be delayed and hence orders all PL witnesses to be summoned in the next two sittings,” she said.
“I expect respect from your side,” Madam Justice Loriane Schembri Orland told Dr Abela.
On his part, the PL deputy leader said he always showed respect to the court but noted that the case had been delayed due to a series of shortcomings by another court at an earlier stage when some of those directly involved had not been summoned.
“It never crossed my mind to show the court a lack of respect,” Dr Abela said while expressing his regret that his professionalism had been put in question .
“I always carried out my duties in the best possible manner,” he added.
The case has been adjourned to January 13 with the court noting that it had also reserved another sitting on January 29 for all witnesses to be heard.
The case revolves around a mistake in the counting of the general election votes on the eighth district when a packet of 50 votes belonging to PN candidate Claudette Buttigieg was mistakenly transferred to PN candidate Michael Asciak.
Dr Asciak was eliminated and Labour’s Edward Scicluna was elected. On the 13th district, 10 votes belonging to PN candidate Frederick Azzopardi went missing and Labour’s Justyne Caruana was elected.
The PN instituted court proceedings against the Electoral Commission and the Attorney General, claiming the mistakes affected the outcome of the election result and requesting to be awarded the two seats.
The First Hall has already ruled on the PN’s case and ordered the Electoral Commission to award two additional seats to the PN.
But at the end of May, the Constitutional Court annulled that decision, upholding Labour’s argument that it should have been included in the case, and sent the case back to the First Hall, now presided by Madam Justice Lorraine Schembri Orland.
Subsequently, the PL filed its new claim objecting to the part of the Constitutional Court’s decision finding that the First Hall has jurisdiction over the case.
The PL said the Constitutional Court deprived it of making its arguments on that point in breach of its right to a fair hearing and called on the First Hall to provide a remedy.
In a statement the Nationalist Party condemned what it described as 'puerile tactics' by the Labour Party to lengthen proceedings before the Constitutional Court. Such tactics, it said, were meant to deny the people the parliamentary representation they had voted for.
Such episodes recalled the time when parliamentary democracy hit rock bottom, the party said.