The two members of the judiciary “outed” by the Commission for the Administration of Justice for being in breach of their code of ethics are vowing they will not step down from their positions as presidents of sporting associations.
Judge Carmelo Farrugia Sacco and Magistrate Antonio Mizzi, presidents of the Malta Olympic Committee (MOC) and Malta Basketball Association (MBA) respectively, have told MaltaToday they will stay on in their roles, affirming they are not breaking the law.
The two members were notified of their possible conflict of interest by the Commission back in August – but the notice was only made public by the Commission earlier this week, two and a half months later.
Speaking to MaltaToday, Farrugia Sacco also described a news report by the Nationalist TV station NET as “deplorable” for its use of continuous footage of the judge alongside Labour leader Alfred Sant, in what appeared to be a deliberate political slant to the report.
“It is deplorable. They know they have footage of me with the Prime Minister, the Archbishop, or in my role as a sports official. The footage used was not fair,” Farrugia Sacco said.
He told MaltaToday he will “not bow down to any pressure” to relinquish his post as MOC president.
Yesterday, Magistrate Antonio Mizzi also said he was not breaking any law and that he was fulfilling his duties in Court to the full. “The Code of Civil Procedure already contemplates cases in which a conflict of interest might arise. Judges and magistrates certainly know whether and when they have to abstain or not in cases.”
Farrugia Sacco said he believes the Commission’s stand is related to statements made by Education Minister Louis Grech back in 2005 over the MOC’s criticism of sporting legislation, and issues related to the MOC’s autonomy and allocation of funding to sporting associations.
Back then, Galea had pointed out he could “not fail to bring to attention the conflict for a Judge or Magistrate who, wearing the cap of MOC president or media director, takes a position against an act of parliament in public circumstances outside the judicial process” – referring to Farrugia Sacco and Mizzi (Mizzi was both an MOC director and MBA president).
Galea had said the Chief Justice had already asked the two members of the judiciary to conform to the code of ethics, which prohibits the judiciary from “behaviour that endangers their impartiality or independence”. “The government cannot ignore the Chief Justice’s admonishment,” Galea had warned.
“I think it is related to that,” Farrugia Sacco told MaltaToday. “I’m not saying this is linked to the minister. What I am saying is that government had never commented about previous members of the judiciary occupying other posts in sporting associations before this incident.”

Farrugia and Mizzi might also find themselves in a conflict of interest when presiding over a cases involving association members or even corporate sponsors. However, this in itself is not exclusively confined to the sporting presidents, but to any member of the judiciary and their related interests outside the courts of law.
In a statement issued by the MOC on Friday, the committee expressed its solidarity with both Farrugia Sacco and Mizzi, saying various persons in the international sports world occupy such posts although they are members of the judiciary in their country.
“There is no provision in the Charters of the International Olympic Committee and the European Olympic Committees, Commonwealth Games Federation, Mediterranean Games and major International Federations which excludes members of the judiciary holding such positions,” the MOC said.
The Commission for Administration of Justice’s press statement was issued a full two months and a half after Farrugia Sacco and Mizzi were informed of the decision on 7 August. The Commission declared that their “actions affect the trust (they) enjoy because of (their) position” and that they not respecting the Code of Ethics for the judiciary.
The Code of Civil Procedure prohibits members of the judiciary from carrying out any profession, business or trade, or to hold an office of profit, even if of a temporary nature, except for posts in judicial offices or international courts or at the University of Malta.

mvella@mediatoday.com.mt