Opposition to back impeachment of judge accused of bribery • Muscat calls for review of judicial appointments [WATCH]
Two accused of complicity to bribe Judge Ray Pace in bid to extend another man's prison sentence.
The Labour opposition will back the impeachment of the judge charged with bribery, after Prime Minister Lawrence Gonzi, currently at a summit in Brussels, said Ray Pace should be removed from the bench by MPs. Labour leader Joseph Muscat tweeted his assent to a declaration by Gonzi this evening, paving the way for a parliamentary impeachment to take place.
A tearful Ray Pace kept his eyes shut as charges of bribery were read out against him, after two other men were earlier today accused of bribing him in a bid to influence another member of the judiciary to extend the prison sentence of a drug baron.
Pace was accused of bribery, conspiring to commit a crime and trading in influence.
His wife, son and two daughters were present as the judge pleaded not guilty to the accusations.
The 54-year-old judge, who is also acting chief justice, was denied bail and instead transferred to the forensic unit at Mount Carmel, the same place where former chief justice Noel Arrigo spent his prison sentence when he was found guilty of accepting bribes to reduce a prison sentence.
Pace's defence counsel is Stefano Filletti, himself the son of retired judge Joseph Filletti.
Filletti argued that Pace was presumed innocent until proven guilty and bail was a right. "It's the prosecution that must argue why he should be denied bail and present proof as to their statement. Until yesterday, Pace was dispensing justice. Why would he speak to any witness, if not to endanger himself?... He's not going to run away. His life is here in the halls of the court, ever since he graduated. In similar cases, bail was granted. So why is the prosecution insisting he is not granted bail? He must be granted bail under all conditions that the court feels it should give."
Filletti pointed out that when Noel Arrigo and Patrick Vella were charged, the two judges were put under house arrest.
Sandro Psaila
The prosecution said there were up to four witnesses who would testify in the case against the judge, and two other men. The prosecution also said it has an incriminating video recording.
The other two accused, Raymond Caruana, 51 of Zebbug, and Sandro Psaila, 40 of Valletta, were accused of corruption and having bribed Pace.
The court, presided by Magistrate Audrey Demicoli, heard the prosecution, led by Paul Vassallo - head of the economic crimes unit - and superintendent Norbert Ciappara, say that Pace was bribed to bring about the extension of a prison sentence.
The information emerged from intercepted telephone calls during the investigation.
Police say Caruana and Psaila bribed Pace so as to extend or influence to extend an inmate's sentence on appeal.
Assisted by defence lawyers Edward Gatt and Veronqiue Dalli, both Caruana and Psaila pleaded not guilty to the charges. The lawyers also requested for Caruana to be placed in a prison ward separate from inmate Darren Desira. The request was upheld.
Desira, 37, from Zebbug, was last November sentenced to 18 years in prison and fined €46,000 after admitting to the possession of 2kg of cocaine during a drug find in December of 2001. It is believed that Desira intends to appeal the sentence.
The bribe is said to have taken place during the past two months.
In his request for bail, Edward Gatt said that Caruana was a "family man" with a private transport business, while Sandro Psaila has a catering business, and asked the court to consider that this is the busiest time of the year for him. Their request for bail was denied, given that the prosecution has two other witnesses whom it wants to summon in court.
Labour leader Joseph Muscat said this afternoon that Judge Ray Pace's position was untenable, and that the case called for an urgent need for a review and reform of the judiciary, and the way members of the judiciary are nominated. He said a new Labour government would appoint experienced people to carry out such a review within the next year.
Pace was appointed in 1998 by a Labour government. Reacting to questions highlighting this point, Muscat replied that the decision was no better or worse than the Fenech Adami government's appointment of chief justice Noel Arrigo, himself found guilty of accepting bribes.
In a statement at 2:10pm, Prime Minister Lawrence Gonzi reacted to sitting judge Ray Pace's arraignment as "worrying", adding that the country's institutions were "passing through a difficult and proving time."
"The new has shocked me as it did the entire country... in this difficult moment, the public should rest assured that the country's institutions will carry out their duties, and that nobody is above the law."
He however cautioned that the public must allow due process to "serenely follow its due course."
A search was yesterday conducted at Judge Ray Pace's home and his chambers at the Law Courts in Valletta.
The 54-year-old judge has been kept in custody for further questioning.
Pace, a University lecturer on human rights, was appointed judge in February 1998. He currently serves in the Constitutional Court and has also served in the Civil Court and the Criminal Appeals Court.