The Ombudsman exceeded his powers when he published an open letter to the President expressing concern that a judge had been implicated by an international sporting body in a corruption case, a magistrate decreed yesterday.

The letter, dated December 11, 2012, prompted Mr Justice Lino Farrugia Sacco, former president of the Malta Olympics Committee, to initiate criminal libel proceedings against Ombudsman Joseph Said Pullicino.

Mr Justice Farrugia Sacco and MOC general secretary Joe Cassar had been mentioned by the International Olympic Committee in a statement over an investigation by The Sunday Times of London in connection with alleged abuse in the sale of tickets for the Olympic Games. They both insisted the MOC had not been involved in any wrongdoing. The investigation started after a probe by undercover reporters of The Sunday Times of London who posed as ticket agents.

In his letter, Dr Said Pullicino, a former Chief Justice, said the news about the judge had shocked not only him but the country too.

Shortly afterwards, Mr Justice Farrugia Sacco insisted in a statement that it was “completely false” to say that MOC officials were implicated in “a corruption case”.

Dr Said Pullicino raised a preliminary plea, arguing that, by law, criminal and civil proceedings cannot be taken against him because when he sent the letter he was acting in his capacity of Ombudsman.

However, Magistrate Francesco Depasquale ruled that the Ombudsman is precluded from pronouncing himself on matters concerning the judiciary.

Therefore, he could not have written the letter in question in his capacity of Ombudsman, which meant immunity did not apply.