Ombudsman stands his ground on Farrugia Sacco to be ‘relieved of duties’

Former chief justice Joseph Said Pullicino stood his ground in court this morning, insisting that a public declaration he issued as Ombudsman calling on Judge Lino Farrugia Sacco to resign from the bench was done "to defend the institution and the people's erception of the judiciary."

Taking the witness stand, Ombudsman Joseph Said Pullicino stood his ground on the open letter he wrote to the Prime Minister and the press, stressing that Olympic Committee president and judge Lino Farrugia Sacco should be relieved of his judicial duties, pending an impeachment motion forwarded by former prime minister Lawrence Gonzi to the Commission for the Administration of Justice; as well as a probe by the International Olympic Committee over allegations that the MOC had entertained a request for the irregular sale of Winter Olympics tickets.

The IOC had later accused MOC secretary-general Joe Cassar of "tarnishing" the games; on his part, Farrugia Sacco sued Said Pullicino for defamation.

The IOC probe put renewed pressure on Farrugia Sacco, who remains in breach of the judiciary's code of ethics for not resigning his position as MOC president. In the final weeks of December 2012, as his government faced a Budget vote that was set to take it into early elections, Lawrence Gonzi presented an impeachment motion against the judge.

"To me the IOC incident is irrelevant. I hope there is no shadow of guilt on him in the end. What is relevant to me, as Ombudsman, is the effect that this had on the public and their perception of the judiciary," Said Pullicino told a court today, as a witness.

The Ombudsman said it was his role to speak up if there was an issue that could impact the public's perception: "I acted in good faith."

In his letter, Said Pullicino said that relieving him from his judicial duties should have been the procedure until Farrugia Sacco cleared his name over his alleged involvement in the Sochi ticket sales scandal, which was revealed by The Times of London last summer. Said Pullicino said that he was hurt to hear Farrugia Sacco allege that he had acted maliciously, and that his letter had been politically motivated.

"Unfortunately his behaviour led to that action being taken against him. He went against directives given to him by the Commission for the Administration of Justice. There was also the issue of ethics," Said Pullicino said, adding that in 1998 as Chief Justice, he had summoned Farrugia Sacco, the latter telling him he would resign the MOC presidency after the next Olympic Games. 

Said Pullicino explained that this was why a code of ethics for the members of the judiciary was eventually drafted, given that Farrugia Sacco had not resigned his post. "Unfortunately this is one of the problems we had and still have in the manner in which magistrates and judges are appointed," he said.