Hard act to follow

Gonzipn got rid of Joe Falzon as internal auditor of the Malta Environment and Planning Authority (MEPA) in the usual backstabbing way and it has been said that David Pace will fill the role within the Ombudsman’s office.  

David Pace is 66 years old and has been an architect engaged in court work. Thos who have come in touch with him and other court appointed architects as ‘experts’, are not usually very impressed with their expertise.

Many years ago in a dispute between a client and builder the two agreed to appoint David Pace as arbiter with the specific terms of reference whether the building contract they had already covered the Lm1 cost of living increase in the supply of stone. 

Pace came to the conclusion that the client had not paid the builder some Lm30, 000 for works already carried out because receipts were not produced and his award was to this effect.     The builder (a simple man) was man enough to see the folly of David Pace’s award, as he had never requested payment of works already completed and paid for.    

People have similar experiences to report about other court ‘experts’ and feel it is indeed such a disgrace that the man in the street who has no knowledge of how the courts work, is made to cough up money that is not due because of such berserk decisions.

It is not the first time that judges do not lead by example when it comes to good decisions. Last Monday it was reported that the European Court of Human Rights (ECHR) has accepted to hear a petition by drydocks employees who suffered from asbestos inhalation, despite the three wise judges in our constitutional court rejecting their appeal for not having exhausted other measures.      

Little wonder that Prof Kevin Aquilina (Dean at the Faculty of Laws, Malta University)   gave our judiciary a piece of his mind in his Times article of 20th July 2012 entitled: “Inconsistent Judgements”.   

In his piece he took to task so many judges who decide at their will without regard to the law and cases already decided (as no legal precedent applies in Malta, unlike under English law, that therefore allows our judges to decide as they please).   

It is hoped that David Pace will be better judged by the results of his work, but he will carry a great burthen in taking over from Perit Joe Falzon.   Time will tell whether he is a ‘yes’ man under Gonzipn. Falzon certainly was not. That is why those who want to go on to rape our country are glad to see him go.