UNITED WE STAND; DIVIDED WE FALL – how does the Court stand, or are we heading for division – and wh
Initially, the Constitutional Court judgment given by Judge Joseph Zammit McKeon (pictured) on Wednesday left me astounded, in fact angry when he ruled that Judge Antonio Mizzi should be “moved aside” from hearing appeals filed by Prime Minister Joseph Muscat, Chief of Staff Keith Schembri, Tourism Minister Konrad Mizzi, businessmen Brian Tonna, Karl Cini, Malcolm Scerri and Adrian Hillman against a Magisterial decision to permit an Inquiry in their regard.
This was reported by ‘The Malta Independent’ as follows:
‘After hearing the arguments of both parties Judge Joseph Zammit McKeon ruled that “in a manner most crystal clear Mr Justice Mizzi should be moved aside, even if only in the best interest of the administration of Justice, all semblance of doubt about every decision and provision he would make.”
The basis of it all is that Judge Mizzi’s wife is a Labour Party Euro MP and PN MP and lawyer Dr Jason Azzopardi, on behalf of former PN Leader Dr Simon Busuttil (also a lawyer), had requested the removal of Judge Mizzi on grounds his decisions may be influenced by his wife’s political affiliations with the Labour Party.
The whole point is that this is Malta, a small inbred Malta, a Malta where one has affiliations and connections to almost everything and almost everyone whether on a family basis, or a work-related basis, a same town or village basis, or a business basis and so on and so forth.
Once, I was personally involved in a Small Claims Tribunal case where the defendant was my son-in-law, the Prosecution lawyer a lawyer that I have worked with and assisted for many years and therefore a great friend of many years’ standing, an employer company that I personally worked for over many years and to cap it all, The Tribunal Chairperson’s sister was my work colleague at the time.
On this basis, when all this was pointed out, we may as well have all been removed from the case. However, better judgment prevailed and the case reached a conclusion.
My anger and frustration came about because it appeared to me that this is a clear case where one Judge is pronouncing on the integrity and capability of another Judge to be fair and equal in his conclusions.
That being the case caused my shock reactions because had it been that, this opens many doors to the deterioration of Court decision standings as well as the general Rule of Law.
However, I had known Judge Zammit McKeon many years ago when he still only a lawyer, an intelligent, affable and understanding man.
So, I read his decision over and over again and finally reappraised my hasty reaction and conclusions.
He took the right decision.
Had his decision been otherwise and had Judge Mizzi continued, if his final conclusions over-ruled the conclusions of the Magisterial decision for an Inquiry to be held, this would surely have been given a political interpretation and the PN lobby would have come out guns blazing with accusations the decision was a political one and not a legal one, that the country’s institutions have become corrupt, manipulated by the Government, blah, blah, blah.
By filing the Constitutional Court case, the PN lobby has continued to cast doubts on the country’s professional institutions – something which they have been attempting to do for the last five years. It is a dangerous and self-destroying path of destruction and political vindictiveness to cause division and disharmony.
In delivering his decision, Judge Zammit McKeon has cleverly spiked their guns and pulled the rug from under their feet.
Yes, he took the right decision and protected the Judicial process from the systematic and destructive attempts being made not for legal but political attrition.
ALBERT JEROME FENECH
