Ombudsman defers to President’s authority on Farrugia Sacco case

The Commission for the Administration of Justice has accused Ombudsman and former Chief Joseph Said Pullicino of having breached the law in declarations he made with regards to the Commission, the Chief Justice and Judge Lino Farrugia Sacco.

Earlier this week, Pullicino called on President of the Republic George Abela to  use the moral authority of the Commission for the Administration of Justice to have Judge Farrugia Sacco stand down from his duties, pending an inquiry by the CAJ into allegations of corruption.

Said Pullicino said that as Ombudsman he was precluded by law from expressing an opinion on the judiciary and the behaviour of the judiciary on the exercise of their duties, but he said he felt he should call on the President to use his authority in the CAJ to force the resignation of Farrugia Sacco in the interest of the way justice was being percieved.

But in a letter published this afternoon, the Commission for the Administration of Justice said that Ombudsman's Act did not apply to the judiciary and to the Commission.

"In other words, the Ombudsman doesn't have jurisdiction over the function, the duties and conduct of judges and of the Commission. He also has no power in expressing an opinion over the matter," the Commission said.

It added that only the Commission has this function. "Your declarations with regard to the Commission, the Chief Justice and Judge Lino Farrugia Sacco are against the law."

Farrugia Sacco has also sued Said Pullicino over his letter to the President, as the chairman of the commission. In a statement issued on Wednesday by Farrugia Sacco Advocates, it was announced that the Judge will be filing for criminal libel against the former Chief Justice.

In a letter sent to the Commission, Said Pullicino said he would no longer pursue the matter. "I cannot agree with the opinion of the President, that my letter is in some way against the law. I am convinced that my interpretation of the law that I put forward in my letter was correct, valid and justified.

"Naturally the Commission can be of a different opinion. My opinion was given in the best interest of the administration of justice."

Said Pullicino said it was not the place for the two constitutional bodies to be at loggerheads with the resultant negative effect on the coruse of justice.

"With deference to the superior authority of His Excellency the President... I will stop from making ulterior comments on this unfortunate case."