Former chief justice writes to PM

Former chief justice Joseph Said Pullicino told Prime Minister Eddie Fenech Adami he was shocked when he heard that two judges were being investigated over allegations of bribery.

In a letter to the prime minister released by the government yesterday, Dr Said Pullicino said that irrespective of the outcome of the case, it would not be easy to rebuild confidence in the administration of justice and the judiciary.

He said he appreciated and supported the speedy, correct and transparent manner in which the prime minister had acted to ensure that the process of justice takes its course.

Dr Said Pullicino said a judge should not, and should not be seen to have, any special immunities or privileges before the law.

"If anything, a judge carries much heavier responsibilities than other people," he said.

The prime minister announced last Thursday that Chief Justice Noel Arrigo and Mr Justice Patrick Vella were being investigated by police over claims that they accepted money to reduce Mario Camilleri's sentence for drug trafficking from 16 to 12 years at an appeal hearing on July 5.

Writing in a Sunday newspaper yesterday, Labour leader Alfred Sant said that both himself and the prime minister had agreed that the matter be treated as one of national importance and that it should not be politicised.

Dr Sant said the police should be given full freedom to conduct their investigations.

However, he said, irrespective of the truth, the matter had given rise to a serious institutional crisis in the country.

"According to the facts we have before us at this point in time, it would be a mistake to treat what we have before us in a strictly political manner.

"We must understand that this issue is going to give rise to a lack of confidence in our justice system, even abroad, and doubts may be raised as to how the law is applied in this country.

"We must do everything to ensure that confidence is restored in our country in the eyes of foreigners and our young people," Dr Sant said.

Meanwhile, the government said on Saturday that it had started proceedings to impeach the two judges after it resulted there was enough proof of wrongdoing according to the Constitution.

The procedure first requires that the prime minister presents a motion to the Speaker, who in turn informs the Commission for the Administration of Justice.

If the commission believes there is a prima facie case to support the impeachment, after hearing evidence from the prime minister or the police commissioner, it will then inform parliament to start impeachment proceedings.

A two-thirds majority is then required for the impeachment motion to be carried.

Legal sources yesterday said it was not clear who would chair the commission in this case, even though President Guido de Marco is its president.

The sources pointed out that Prof. de Marco's predecessor, Ugo Mifsud Bonnici, had opted not to chair the commission in the two previous disciplinary cases involving judges - Dr Carol Peralta and Dr Anton Depasquale - because of the later role he may be asked to play in a possible impeachment.

The commission in those cases was therefore chaired by its vice-president, the Chief Justice, but that option is not available in this case.

The sources believe that a chairman would be chosen from the remaining members and that the Speaker would probably inform the commission of the case this morning.

The commission would then be expected to meet quickly, though how long it would take to decide whether there was a prima facie case for impeachment very much depended on the evidence to hand.

The sources said the constitution enabled the government to appoint an acting chief justice when the incumbent could not perform his duties. Although this case is unprecedented, he believes that it falls within this category.