Cospicua mayor Joe Scerri, who last week was found guilty of nepotism and banned from serving as a councillor for five years, has appealed the decision but, so far, retains his post and remains a member of the Labour Party.

A spokesman confirmed that the party had not received Mr Scerri’s resignation. Mr Scerri said a meeting was scheduled with the party administration, adding that he would decide on his future after the meeting.

“I cannot say I will resign and neither that I won’t. I have a meeting with the party and I will take things from there,” he said when contacted yesterday.

Mr Scerri was found guilty of failing to withdraw from a council meeting that discussed the appointment of his nephew’s wife who had applied for the post of executive secretary. He was, however, cleared of not declaring the relationship to the council.

Magistrate Antonio Mizzi banned him from being a councillor for five years, the maximum, and fined him €500. The case was handled by Police Inspector Angelo Gafà who began investigations when it was reported to the police by the Local Government Department.

According to the Local Councils Act, a councillor who fails to withdraw from a council meeting that discusses the tenure or appointment of service of a relative, among other things, can be fined up to €700 and disqualified from holding the office of councillor up to five years.

Mr Scerri’s lawyer, Labour MP Chris Cardona, confirmed his client had appealed the judgment.

The first sitting of the appeal normally takes place between two and three months from the date it is filed with the proceedings usually taking a few months before a final decision is made, depending on how long it takes the prosecution and defence lawyers to make their submissions.

The case, which could see the mayor automatically removed from office in the event that he loses the appeal, is without precedent, according to Local Councils Department head, Carmel Abela.

According to law, the deputy mayor is next in line to take the mayor’s place when this position becomes vacant.

As for the vacant position of councillor, this will be filled through a by-election. Should there be no candidate from those who failed to get elected in the last round, or if no one is elected through the by-election, the council may co-opt a person to the council.

Mr Scerri’s nephew’s wife was never employed with the Cospicua local council as executive secretary. “As soon as the Local Government Department was notified of what was going on at the Cospicua council, the recruitment process was stopped. Eventually, the individual (the woman in question) was employed as clerk with the council,” Mr Abela said.