Mr Justice Lino Farrugia Sacco continued to hear cases in court this morning, while his son, Lawyer David Farrugia Sacco said that he hoped his father’s case was decided before the judge retired in August.

He said he did not want a situation where people said the case had been closed because the judge had retired. "That would be the biggest disappointment, we want to fight and win it on its merits," he said on TVAM

He also said he had ‘peace of mind’ over the whole case.

The Commission for the Administration of Justice reported yesterday that it found that there was prima facie proven misbehaviour and a breach of the code of ethics when the judge had stayed on as chairman of the Malta Olympic Committee despite being told by the commission in 2008 to step down. (He did not seek re-election in April last year)

The Commission started its investigation after the judge was among those rapped by the International Olympic committee over alleged illegal sale of tickets for the Sochi Olympic Games.

The Commission said there was no illicit action by the judge in the sale of the Olympic Games tickets, but his presence on the committee had brought him into this situation that undermined the respect and dignity which the judiciary should enjoy from the public.

Dr Farrugia Sacco, who is giving legal assistance to his father, said his personal opinion was that what was happening was disproportionate.

The code of ethics of the judiciary was never enacted by Parliament, although it had its value. Way back in 2004 the judge had also appeared before the commission and at the time the commission said there was no conflict and his participation in the Olympic Committee was not inconsonant with his duties.  

Historically, Dr Farrugia Sacco said, judges, even chief justices, had always been present in various societies, on a voluntary basis and strictly without remuneration. That was also the case for most of the 30 years during which his father had served as a judge.

Eventually the code of ethics was drawn up and it even said that the members of the judiciary should not  lecture at the University (since they could be questioned on cases they were considering). Eventually even that was surpassed.   

Dr Farrugia Sacco said he had peace of mind because the Commission had found that his father was not involved in any illicit ticket sales. What had happened was that two (London) Times reporters had taped a meeting for which his father was only present for the first five or 10 minutes. But in the video they produced, the footage of the second half of the interview was shown before the first, giving the impression that the judge was present for a conversation when he actually was not. 

Asked how the issue would now develop, Dr Farrugia Sacco pointed out that a constitutional case calling for the withdrawal of two members of the Justice Commission was still pending for next month.  The parliamentary formalities also had to be addressed, although he hoped the case would be decided before his father retired.