The Commission for the Administration of Justice should have “automatically” looked into the Olympics ticket sales scandal investigated by a British newspaper that also spoke to Mr Justice Lino Farrugia Sacco, according to Labour justice spokesman José Herrera.
It is in his best interest that such an investigation clears his name
Dr Herrera supported the call for an investigation by Justice Minister Chris Said but pointed out that the Commission could initiate investigations ex-officio and did not need anyone, in this case Dr Said, to request an investigation.
Moreover, he said, the investigation was in the interest of Mr Justice Farrugia Sacco himself because it could “clear his name” from any allegations of wrongdoing.
The issue erupted after The Sunday Times of London carried out an undercover investigation into the illegal resale of tickets for the Olympic Games on the international market.
The Malta Olympic Committee, which Mr Justice Farrugia Sacco chairs, was not among the bodies accused of illegal sales.
However, the newspaper filmed MOC general secretary Joe Cassar, in the presence of the judge, telling two reporters posing as envoys of a Middle Eastern ticket tout how high mark-ups on the tickets, above the allowed threshold, could be “camouflaged” through “subtle” marketing techniques. Mr Justice Farrugia Sacco has denied any wrongdoing.
The MOC has deplored Dr Said’s decision to request a probe into the actions of its president, saying it had been taken “without a proper appreciation of the facts, which showed that the committee officials acted correctly and not as claimed by a section of the media”.
Dr Herrera said it was not the first time that members of the judiciary themselves had asked for an independent investigation by the Commission for the Administration of Justice to clear their name of any wrongdoing allegations.
“If Mr Justice Farrugia Sacco is innocent, as he affirms to be, it is in his best interest that such an investigation clears his name,” he said when contacted.
In answer to a question, he said the party had not discussed the matter and had no official party position on Dr Said’s request for an investigation.
“If the Commission believes that certain allegations – not the frivolous ones because, otherwise, there will be a lot of wasted time – are worthy of an investigation at face value, then it should investigate automatically,” he said.
Mr Justice Farrugia Sacco insists the episode should not reflect badly on his role as a judge and has lashed out at “attacks” on his dual role.
He said no other country in the world prevented judges from serving on sport-related committees. “If perceptions are wrong, it is not my fault,” he said, adding the International Olympic Committee had assured Malta that it had done “nothing wrong”.
In 2007, the Commission for the Administration of Justice had written to him and Magistrate Antonio Mizzi, then-president of the Malta Basketball Association, pointing out that their dual roles were in breach of the judiciary’s code of ethics, introduced in 2005.
In November that year, the Commission published the correspondence, saying both the judge and magistrate had ignored its warning.
Following this publication, both Mr Justice Farrugia Sacco and Magistrate Mizzi had said they had no intention of resigning their posts.
It was alo announced yesterday that while the Commission would investigate the case, its head, President George Abela, would abstain since he was legal counsel to Judge Farrugia Sacco in the past.