Updated 2 : JPO accused of acting in bad faith - JPO, Debono react

 Updated - Includes reaction by Dr Pullicino Orlando -

The president of the PN Executive, Marthese Portelli, has accused Jeffrey Pullicino Orlando of acting in bad faith by not following the agreed procedure regarding consideration of his case against Richard Cachia Caruana and by instead choosing to repeat what third parties speculated in the media, without giving the accused the opportunity to defend himself.

Dr Portelli wrote to Dr Pullicino Orlando this morning after his letter where he repeated allegations against Mr Cachia Caruana made by Labour MP Joe Mizzi ( see http://www.timesofmalta.com/articles/view/20120714/local/jpo-writes-back-to-pn-executive.428502 )

Dr Marthese Portelli

In her letter Dr Portelli told Dr Pullicino Orlando that he had failed to observe what he had himself agreed to, including that by yesterday at noon he had to present in writing his charges against Mr Cachia Caruana explained with enough detail to enable Dr Cachia Caruana to formulate his defence.

He had also failed to submit a list of witnesses detailing over which charge they would be presented.

Despite the time limit having been extended to 10 a.m. today, these requirements, established by a motion of the Executive, had not been followed.

"I want to make it clear and to stress that in failing to abide by the motion of the Executive, it is evident that you did not act in bona fide, and instead you chose to only repeat speculation made by third parties in the media," Dr Portelli said.

She said such behaviour was unacceptable and went against what had been agreed in the Executive, especially that the principles of natural justice had to be respected so that the accused could be given the right to prepare his defence in the most appropriate way in terms of charges that were clear and defined.

"Therefore, and despite any other correspondence that you may send the Executive before the next sitting, I will be referring your shortcomings to the Administrative Council so that it may consider and take whatever decisions are deemed necessary in the circumstances, Dr Portelli said.

PULLICINO ORLANDO REPLIES

In an immediate reply, Dr Pullicino Orlando said he absolutely failed to understand the reasoning behind what Dr Portelli was saying in her latest letter to him.

He said he felt that I had complied with the request made by the PN Administrative Council by sending the e-mail linking the five witnesses to the relevant accusations yesterday.

"You asked me to flesh my accusations out and I was in the process of doing so. I referred to a public declaration by Hon. Joe Mizzi in relation to Mr. Cachia Caruana with very serious allegations in an attempt at abiding with what you asked for. It is pertinent to note that Hon. Mizzi made these allegations 48 hours ago on a television programme which he was participating in, together with Hon. David Agius.

"To date, Mr. Cachia Caruana has not replied to these allegations in stark contrast to what he did with regards to the allegations made by Hon. Karmenu Vella last Wednesday, which he replied to immediately."

Dr Pullicino Orlando said that since he now feels uncertain as to what was expected of him, he would not send any further details in relation to his other witnesses by e-mail but would substantiate his charges in the meeting to be held on Tuesday in which he expected the witnesses to testify as well. That was the appropriate forum for these matters to be discussed after all.

FRANCO DEBONO TO CONTEST ELECTION BAN

Meanwhile, Nationalist MP Franco Debono said the statement by Dr Portelli reflected discrimination.

"If Richard Cachia Caruana has a right to the principles of natural justice why was this denied to me, when the executive committee issued an unjust condemnation in my regard?

"If Mr Cachia Caruana has this right I have it too and that condemnation must be revoked as quickly as possible.

"The principles of natural justice also mean that one cannot be judge in his own cause, something which the administrative and executive committees are doing.

"I have contested the condemnation on the very basis that there was no natural justice. Last Thursday I insisted during the meeting of the Executive that no further action should be considered while my consternation was pending. Yet the committee went ahead with its decision to ban me from seeking re-election on the party list.

"Independently of whether or not I will seek re-election, I will contest that decision too."

He added that such discrimination was in breach of the law and he reserved the right to initiate proceedings as this situation was becoming 'horrific'.