Justice Minister Owen Bonnici still hopes that legal proceedings instituted by Mr Justice Lino Farrugia Sacco will be concluded in time for Parliament to debate the impeachment motion against the judge before he retires next month.

But, given the length of time such court proceedings take and the fact that Parliament will rise for the summer break on Friday, it is next to impossible that this can materialise.

The previous administration had launched impeachment proceedings against the judge after the Commission for the Administration of Justice ruled that there was prima facie evidence of misbehaviour by Mr Justice Farrugia Sacco after he defied its calls to resign as president of the Malta Olympic Committee.

The motion was, however, declared null and void by Speaker Anglu Farrugia since the debate had not started in the same legislature it was presented in. Subsequently, a new motion was presented by Prime Minister Joseph Muscat but proceedings came to a halt after the judge filed a constitutional case claiming that he had his rights breached. When the court ruled that his rights had not been breached, Mr Justice Farrugia Sacco filed an appeal, on the last day permitted by law.

No decision has been taken so far, and the judge is likely to retire before that day. Even if his appeal is rejected by the courts, there would still be no time for Parliament to continue discussing the impeachment motion. Parliament, in fact, adjourns for summer recess this Friday. Mr Justice Farrugia Sacco turns 65 on 22 August.

In comments to The Malta Independent yesterday, the Justice Minister said he hoped a decision will be taken before then. “My appeal is for proceedings to move fast so that we can have a decision before the judge retires.” But is there enough time for that?, we asked. “I appeal, and have done so from the start, for proceedings to move at a fast pace. We knew that Mr Justice Farrugia Sacco launched legal proceedings in February and it is almost August. I have no power to interfere in court proceedings but I have made my wish for proceedings to move fast very clear right from the start.”

Dr Bonnici explained that the judge is not handling any cases on a decision taken by the Chief Justice Silvio Camilleri. In the meantime, another judge has been appointed to avoid a backlog. When asked what would happen if Mr Justice Farrugia Sacco reaches the age of 65 before a decision, Dr Bonnici said an impeachment motion only applies to sitting judges, meaning that if the juge retires the motion would no longer apply.

Too early to speak on Mr Justice Gino Camilleri’s replacement

In the meantime, this newsroom also asked the Justice Minister whether the government has earmarked a replacement for Mr Justice Gino Camilleri, who passed away last week.

Dr Bonnici said that it would be “superflous” to comment on a replacement, seeing that the funeral has not been held yet. The Minister said, however, that it is only natural that the judge will be replaced. He also noted that Edwina Grima was made judge to replace Mr Justice Farrugia Sacco and Mr Justice Wenzu Mintoff has replaced Judge Lawrence Quintano, who retired earlier this month.

Minister convinced Wenzu Mintoff will be impartial

The appointment of Wenzu Mintoff as judge has ruffled many feathers for a number of reasons, including his being a Labour Party activist and an editor of Labour organ Kulhadd. Many have been quick to point out that his behaviour in the social media is not exemplary for someone who has now become a judge. In a particular case, Mr Justice Mintoff had uploaded a photo of PN Leader Simon Busuttil on Facebook and captioned it “face of a fool.” (wicc ta’ bahnan)

But when asked if the government could have not found someone less controversial for the post, the Justice Minister said there were several politicians in the past who had become judges and they all elevated themselves above the political sphere and behaved with impartiality.

“Judges have to adhere to a guarantee of independence and impartiality. Persons who are appointed judges have the liberty to carry out their work. Judges cannot be removed by the executive, and that gives them the liberty to judge with a sense of serenity. I am convinced that Mr Justice Mintoff will do just that.”