Jus­tice, and only jus­tice, you shall pur­sue!

This quote from Deuteron­omy out­lines what we should all be seek­ing in a so­ci­ety in­spired by a hu­man ra­tio­nal ap­proach to equity and democ­racy not to say any­thing of Chris­tian­ity. I was abroad when the cur­rent do­mes­tic is­sues caught up with the demo­crat­ica

The Malta Independent on Sunday - - DEBATE & ANALYSIS - Michael As­ciak

Iam a mem­ber of the PN’s Ex­ec­u­tive and I am go­ing to share with you what I think about this whole sit­u­a­tion. Our demo­cratic so­ci­ety has evolved cer­tain prin­ci­ples for the praxis of ex­e­cu­tion for just cause and one of the prin­ci­ples to be strictly fol­lowed in our so­ci­ety is that no one should be con­demned with­out due process of law.

We can­not con­demn peo­ple sim­ply on hearsay or al­le­ga­tions, no mat­ter how se­ri­ous such al­le­ga­tions may be. One has to con­sider vested in­ter­ests and con­flicts of in­ter­est that cer­tain in­di­vid­u­als may have and may be hid­den, to say noth­ing of the hid­den hand of the gov­ern­ment. When Brett Ka­vanaugh was re­cently nom­i­nated to the US Supreme Court, all sorts of al­le­ga­tions started to fly at him from the Party in Op­po­si­tion, es­pe­cially since it was well known that he was a pro-life can­di­date and es­poused pro-life points of view – not a very pop­u­lar po­si­tion by most Lib­eral Demo­cratic politi­cians.

He faced sud­den al­le­ga­tions of a se­ri­ously sex­ual na­ture where he was ac­cused of rap­ing some­one who, how­ever, when called to tes­tify did not re­mem­ber ever see­ing his face or could not re­mem­ber the ex­act events of these so called ‘rape crimes’. They were al­le­ga­tions that Ka­vanaugh ve­he­mently de­nied. To cut a long story short, these al­le­ga­tions were never proven dur­ing his hear­ing in the Capi­tol and Ka­vanaugh went on to be sworn in as a Jus­tice of the US Supreme Court!

This is an es­sen­tial point of our democ­racy and a point that we can never sac­ri­fice if we want to re­main a hu­mane and demo­cratic so­ci­ety, oth­er­wise we give rea­son to KMB’s past call for the ‘Jus­tice of the street peo­ple’ (Qrati talPo­plu). To cut a long story short, I will never pass judge­ment on some­one un­less he has been found at some fault by a just due process where al­le­ga­tions are proven in a fair man­ner.

Nei­ther am I go­ing to pass judge­ment on an in­di­vid­ual be­cause he is go­ing though a dif­fi­cult and rough patch with his wife and fam­ily. No fam­ily is per­fect and fam­ily is­sues should be re­solved within the fam­ily, even if they them­selves feel they ought to de­fer the is­sue to court where sepa­ra­tion pro­ceed­ing are hardly ever nice to wit­ness and of­ten one won­ders how they were ever mar­ried in the first place. Many peo­ple in pub­lic life pass through these is­sues and I be­lieve that this alone, un­less there is some proven il­le­gal mis­de­meanour by a court, should never be grounds for a dis­missal from po­lit­i­cal of­fice.

I mean, we have had US Pres­i­dents caught with their pants down and go­ing through a sepa­ra­tion and keep­ing their po­lit­i­cal po­si­tion! We have had sev­eral Mal­tese and European politi­cians do this as well. This is some­thing for them to re­solve and no­body else’s busi­ness. It is up to the in­di­vid­ual politi­cian him­self to see whether he should con­tinue in pub­lic of­fice or not when these is­sues over­take some­one or other!

Nei­ther am I go­ing to pass judge­ment on the videos cir­cu­lat­ing on so­cial me­dia, some of which are ob­vi­ously fake and taken dur­ing the heat of a fam­ily ar­gu­ment – which those of us with fam­i­lies al­ways have and which are never nice events any­way, whether or not they are recorded! Af­ter 30 years of mar­riage, I will go so far as to say that there is some­thing se­ri­ously wrong with cou­ples who do not have ar­gu­ments! We should not be liv­ing in a so­ci­ety in which there is trial by so­cial me­dial who are of­ten ig­no­rant of the cir­cum­stances and of the peo­ple in­volved!

I guess that some­body would now ask why there is such in­tense po­lit­i­cal pres­sure on Kon­rad Mizzi and Keith Schem­bri to re­sign when there has not been a due le­gal process fi­nalised in court? The an­swer is sim­ple: the charges lev­elled at them are not al­le­ga­tions, they are facts. It is a fact that they opened a se­cret off­shore ac­count in Panama three days af­ter the gen­eral elec­tion. They have openly ad­mit­ted this and, by it­self, this should be a ma­jor cause for their res­ig­na­tion when they oc­cupy such high po­si­tions in gov­ern­ment.

It is a fact that an­other off­shore ac­count, named ‘17 Black’, was set up by, and be­longs to, Yor­gen Fenech who was one of the ben­e­fi­cia­ries win­ning a ten­der for the new power sta­tion and that this 17 Black set up in Dubai was in­tended to be a feeder ac­count into the two Panama ac­counts. It is also a fact that Nexia BT of­fi­cials were al­lowed to ad­ju­di­cate doc­u­ments re­lat­ing to the power sta­tion ten­der when they were do­ing so in a highly com­pro­mis­ing man­ner. It is a fact that Nexia BT offi- cials have been as­signed highly im­por­tant po­si­tions in the gov­ern­ment ap­pa­ra­tus, when com­mon sense asks for the op­po­site praxis af­ter their in­volve­ment in open­ing the two Panama ac­counts.

These facts speak for them­selves and no ju­di­cial process is needed to prove them, as the per­per­tra­tors have ei­ther ad­mit­ted to them, or they have been un­cov­ered by for­eign or lo­cal in­ves­ti­ga­tors. There are enough facts here to dis­qual­ify all these peo­ple from pub­lic of­fice.

At the end of the day, one must dis­tin­guish facts from al­le­ga­tions and, in a demo­cratic so­ci­ety, al­le­ga­tions must be given a fair length of time to be proven or dis­missed in court. Only if this prin­ci­ple is main­tained can we say that we live in a true democ­racy rather than one which car­ries out witch­hunts with the high risk of burn­ing in­no­cent peo­ple at the stake sim­ply due to pub­lic opin­ion.

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