A Magistrate ruled this morning that Ombudsman Joseph Said Pullicino did not enjoy immunity from prosecution when he wrote to the President and the media voicing concerns over Mr Justice Lino Farrugia Sacco's involvement in the Olympic Committee and the way he was allegedly implicated in a ticketing scandal.
The ruling was made by Magistrate Francesco Depasquale in libel proceedings instituted by Mr Justice Farrugia Sacco against Prof. Said Pullicino, a former Chief Justice.
In his preliminary pleas Prof. Said Pullicino had argued that in his capacity as Ombudsman he had immunity from prosecution in the functioning of his Office.
The Magistrate ruled, however, that the law did not give the Ombudsman the authority to comment publicly without prior investigation. The law did not give him the authority to comment on the behaviour of judges and magistrates and their impact on the public and the administration of justice.
Indeed, he was precluded from commenting on the judiciary.
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