Editorial 11 /08/2002

Prejudged before the nation…

The Chief Justice Noel V Arrigo has resigned and has apologised to the nation. Noel Arrigo together with Patrick Vella were allegedly bribed and consequently reduced the sentence of a drug baron from 16 to 12 years.

In his the letter to the President the former Chief Justice complained: "I would like to register my sadness and concern at the way I was pre-judged and my position prejudiced before the commencement of my interrogation."

Noel Arrigo implies that the Prime Minister has violated his right to a fair trial by announcing the arrest and interrogation of the Chief Justice. The Prime Minister was unusually forthright clearly conveying his conviction that the judges were guilty.

The effect of the Prime Minister's moral certitude was reinforced by his record for soft-pedalling and compromises in other cases. Nobody could accuse him of being confrontational. He has preferred to have dubious characters walk away quietly. He has raised his much vaunted moral stature to rebut media allegations of masonic infiltration of the judiciary.

He was more than categoric on Noel Arrigo and Patrick Vella. His words implied that he was certain of their guilt, and he added in unequivocal terms, that the judges had received ‘substantial’ amounts of money that led to them tainting their judgement in a case involving drugs.

Noel Arrigo may have a right to complain but the Prime Minister may claim good excuse. The unique circumstances of the case required him to make it clear that this was no attempt by the government to overwhelm the judiciary. It stands to his credit that he plucked the nettle without dithering about it.

Meinrad Calleja was no angel. He too could claim that the presumption of innocence has been badly dented in his case. Noel Arrigo did not take exception to the political spin wound tight around that thorny issue. Why should he be treated otherwise?

It is no news that the judicial system is ripe for change. We did not need Noel Arrigo's fall from grace to sense the rot. This country is calling out for a clean sweep at the courts.

Perhaps the time for recruiting veteran or low profile lawyers for the posts of magistrates and judges is over. Perhaps one should opt for the career magistrate and judge – similar to the Italian and German model.

Noel Arrigo and Patrick Vella will not receive much sympathy from the politicians they mingled and socialised with. In politics, survival tends to overrule any other ‘humane’ consideration.

Had news of a secret investigation leaked, there is no doubt that the damage to the Prime Minister would have been catastrophic. Just months away from the EU referendum and general elections, a quick amputation was the only sane option.

Politics apart, Arrigo and Vella must have a fair trial, what we all demand for ourselves and for every other John Citizen who may have to face the full power and majesty of the law. If found guilty they must stomach the full penalty.

If found guilty they can expect an echo of Partick Vella's unforgettable condemnation in their sentence: "drug trafficking is more serious than murder."