Mr Justice Lino Farrugia Sacco, who is facing an impeachment motion, believes he was punished enough when he was excluded from “trips abroad” and loaded with extra court cases.

Times of Malta obtained a transcript of the judge’s testimony before the Commission for the Administration of Justice in October.

It quotes the judge saying that because of his alleged reluctance to abide by the watchdog’s rulings he had already been given “a punishment” for not renouncing his presidency of the Malta Olympic Committee.

Mr Justice Farrugia Sacco also cites “political motivation” behind the motion presented for his removal and says other members of the judiciary were not given the same treatment.

He goes on to accuse former chief justice Joseph Said Pullicino, who holds the position of Ombudsman, of interfering in something beyond his competence.

Mr Justice Farrugia Sacco is facing a second impeachment motion over accusations of breaching the judiciary’s code of ethics.

Excluded from ‘trips abroad’ and loaded with extra court cases

The first motion was submitted in 2012 by former prime minister Lawrence Gonzi.

After a year of investigation, the commission concluded there was prima facie evidence of misbehaviour by the judge and recommended that Parliament move to decide on his removal from the bench.

A second impeachment motion was then presented by Prime Minister Joseph Muscat at the end of January after the Speaker decided the first motion was “dead” as it had been submitted in a different legislature and by an MP who was no longer a member of the House.

The fresh motion went back to the commission, which replied saying its position was unchanged from the first: Parliament should forge ahead.

Parliament’s House Business Committee is today expected to meet to decide how to proceed.

The Opposition has accused the government of using parliamentary procedure to save the judge from impeachment as he is due to retire in August when he turns 65.

On the other hand, the government is insisting it is following procedure and abiding by the commission’s recommendations.

Before the election, Joseph Muscat went on record saying he would follow the commission’s recommendations even though the judge’s son was contesting the general election for Labour.

The whole issue dates back to 2007, when the commission accused Mr Justice Farrugia Sacco of ignoring its recommendation to step down as president of the MOC as this breached the code of ethics. It had again ordered the judge to resign, but he held on to his position until last year.

After the first impeachment motion was presented against him, the judge last June was elected to the executive committee of the International Committee of the Mediterranean Games – a post he continues to occupy to this day.

This is some of Mr Justice Lino Farrugia Sacco’s testimony before the Commission for the Administration of Justice, including a faithful translation of excerpts:

On his role as MOC president and the code of ethics:

Mr Justice Farrugia Sacco said there were many instances where judges occupied such roles in the past, including his predecessor at the MOC, Mr Justice Gino Camilleri.

He presented copies of the Malta Yearbook, which shows judges presiding over band clubs and sports associations as well as members of the Order of St John.

He said government members, including then prime minister Lawrence Gonzi, had met him and greeted him when he was MOC president. He said a judge had also once been appointed on a committee to raise funds for L-Istrina.

It was not true Dr Gonzi did not present the motion earlier because he did not want the Olympic movement to suffer.

“The Olympic movement suffered when I left. Last June after I left, we got the worst results ever in the Olympic Games since I took over in 1997. I am sorry for Malta but I left.”

On Ombudsman and ex-chief justice Joseph Said Pullicino:

“The Ombudsman and former chief justice immediately jumped on the bandwagon and joined the fray, accusing me of everything. Corruption, black market, everything...

“He [Dr Said Pullicino] was delighted to damage my reputation. He wrote to the commission about my case and on this I’d like to thank the commission for telling him off.”

On political motivations behind his impeachment:

“I was never told that if I remained MOC president, I would be impeached. I always understood that there were court sentences, to which the commission could only draw your attention and which one had to take steps to try and abide by.

“I was doing my utmost on this. Nobody ever told me this would lead to impeachment.

“The first time I heard about impeachment was during a political speech by Dr Gonzi in December 2012. This shows how political my case was. I have footage of it as Net TV showed Nationalist activists clapping when they heard about the impeachment motion. There were other members of the judiciary involved in other activities. They never told them anything.”

On his role as president of Ħamrun’s St Joseph Band Club:

The judge had resigned his post as president in 2005 after an investigation by the commission.

“This [resignation] proved that where I could I abided by the direction of the commission. I did not contest for the band club’s presidency again and I did this because I understood there were circumstances where it would be better to leave.

“However, I want to remind you that the issue of the band club was all the doing of a certain Gejtu Cuschieri – a PN man and the right-hand man of [former PN leader Eddie] Fenech Adami. His children repeatedly contested my post as president but they didn’t manage to take my place. When Cuschieri saw that his children couldn’t take my place he got the bright idea of writing to the commission and the procedures started because of this.”

On the consequences of refusing to abide by the commission’s advice:

“I think I have already been punished by the commission throughout the years. I was excluded from going abroad as a member of the judiciary to attend conferences. The only time I was offered a trip was by the current Chief Justice in 2011.

“I was also assigned 300 extra cases to deal with. This was a heavy punishment.

“When the Chief Justice reassigned the cases of [disgraced chief justice] Noel Arrigo, [Mr Justice] David Scicluna and Depasquale [no first name is mentioned], the other judges, were assigned 100 cases each and I was given 250.When we came to take over the load of Mr Justice Gino Camilleri, when he was sick, I was given an extra 100 cases.

“I told the Chief Justice it was only fair to distribute these cases but he insisted I should take them.

“I was also removed from hearing new constitutional cases. Although I am one of the senior judges, after [Mr Justice Giannino] Caruana Demajo and [Mr Justice] Gino Camilleri, I was never assigned to sit on the Court of Appeal.

“I think one cannot be punished twice for the same thing. If there was something wrong I already got my punishment.”