Chief Justice Silvio Camilleri would not say whether he will re-assign Mr Justice Lino Farrugia Sacco’s pending cases or temporarily suspend him until a decision is reached over an impeachment motion against him.
Court sources said Mr Justice Farrugia Sacco was scheduled to hear 28 cases on Tuesday
Contacted by The Times yesterday, the Chief Justice said he would not comment. Attempts to ask Mr Justice Farrugia Sacco whether he will suspend himself from judicial duties until the Commission for the Administration of Justice finished deliberating the motion were unsuccessful.
Work at the courts resumes on Monday following the traditional end-of-year break, during which the Prime Minister presented the motion of impeachment.
Court sources said Mr Justice Farrugia Sacco was scheduled to hear about 28 cases on Tuesday. Some civil cases involved the Government or its representatives.
A retired judge, who did not wish to be named, said it would be “very strange” if Mr Justice Farrugia Sacco continued to hear cases as if it was business as usual.
“Former Chief Justice Joseph Said Pullicino has already stated that this is not ethical and that Mr Justice Farrugia Sacco should suspend himself. If this is not done, than it’s the Chief Justice’s duty to intervene,” the retired judge said.
Dr Said Pullicino, who is now the Ombudsman, wrote to the Commission for the Administration of Justice last month, saying: “The Commission should use its moral authority to ensure that the judge allegedly involved in this scandal is immediately relieved from attending to his judicial duties until the charges levelled against him are finally determined in full respect of his constitutional rights, including that of the presumption of innocence.
“This decision ultimately rests with His Honour, the Chief Justice.”
Chief Justice Camilleri has already used his legal powers to re-assign the cases being heard by former judge, Ray Pace, who was arraigned facing bribery charges.
He acted upon the recommendation of the Commission, presided over by President George Abela.
Since Dr Abela is not involved in the Farrugia Sacco deliberations, as he has declared a conflict of interest due to his previous involvement in defending the same judge in front of the Commission, the Chief Justice is chairing the deliberations.
The impeachment motion was presented to the Speaker by the Prime Minister after the judge, who against a Commission directive had continued to occupy the post of president of the Malta Olympic Committee, refused to stand down after being censured by the Ethics Committee of the International Olympic Committee.
The IOC had launched a probe, which also involved the MOC’s general secretary, Joe Cassar, following an investigation by reporters from The Sunday Times of London, who posed as ticket agents.
Mr Justice Farrugia Sacco said “the Prime Minister was trying to be funny” when he called for his resignation.
Sources close to the Commission for the Administration of Justice said that the hearing on the impeachment motion was far from being concluded.