Categories
Politics

The Legal Dope

Saturday’s protest called “Cannabis Reform Demonstration” has sparked off a few interesting discussions on the ether. The Times finds itself at the end of many an accusing finger for what seems to be a deliberate attempt to put cannabis in a bad light through “slanted” reporting and not so hidden innuendos. It’s not that reports on the harmful effects of drugs suddenly surface as the demo-day draws closer – it’s the deliberate attempt at confusion, putting cannabis on the same scale as the real killer drugs. I am not here though to go into the scientific evidence of the effects of drugs or to discuss the salutary effects of a good high or, for that matter, the negative consequences of control-freak prohibition.

Another interesting aspect has surfaced in this sudden revival of the Dope Discussion. MaltaToday carried a feature about the fact that “lurking behind next Saturday’s planned march in Valletta is a far wider-reaching challenge, which aims to end the absolute discretion enjoyed by the office of the Attorney General on decisions which would radically affect the possible sentences for certain crimes – drug-related offences being but one example.” Now I may be physically cut off from the Maltese scene but I have still to find a reference elsewhere to this aspect of the demo.

Is the demo or is it not a challenge to “the absolute discretion enjoyed by the AG’s office”? MT has quotes from two lawyers specialising in criminal defence – Joseph Giglio and Franco Debono. We do find a frank “admission” if you like halfway through the article that:

Independently of Saturday’s protest, lawyers like Giglio and Debono openly question the sheer breadth of the Attorney General’s discretion to choose between different courts (with all the serious implications for sentencing), in the light of a number of anomalous and often inconsistent decisions: including, but not limited to, the case of Daniel Holmes, whose 11-year sentence exceeded the very maximum he would otherwise have faced, had his case been heard before the Magistrates’ Court.

Well yes. The thing is that the aim of such a demo is probably best served if the demonstrators were to concentrate on the punishment – the severity of punishments determined by law for the crime of possession of cannabis and similar crimes. Even if it is not all out legalisation the problem here is more that a Welshman is in prison for 10 years for possessing what many would agree to be a harmless drug (though not the experts consulted by the Times). That is where the focus should be.

Whether politicians who in their spare time act as criminal lawyers (or should it be vice-versa) should be diverting the focus of the protest in connivance with a newspaper is questionable. I have no doubt that there could be an occasion to discuss the merits and demerits of the set-up for criminal prosecution and the very specific powers of the Attorney General but this is definitely not the time to be confusing issues. Taking advantage of public sentiment (even if a minority) with regards to the issue of penalties for cannabis-related crimes in order to rough through an amendment to an important part of our criminal procedure is just not done.

And one last note, one that we have often repeated from this blog. It is hard enough to be living in a country where human resources are not that easy to come by and therefore where specialisation in a field means you stand there with a few other good men or women. What we do not need is the two-hat politician who reforms the laws with one hand and benefits from them in his professional capacity with another. Good intentions or not is beside the point.

Like justice, law making must also be performed in a transparent manner.

 

 

Categories
Mediawatch

Nikita (another Scissorhand)

At the start of this week I spoke of Joseph Muscat’s apparent cluelessness when it comes to dealing with the spin-offs of the Euro-economic crisis. Populist talk about “the EU needing to take decisive action” does not a government policy make. I have met people on this holiday who speak about the euro crisis as though it is happening to other people – or worse who seem to get some satisfaction out of the idea that the whole euro business might collapse. But this is Malta, whera new issue of BOV bonds or whatever they were is oversubscribed, where party policies are not questioned and where come what may health services and education will remain free.

Thank God for Nikita Alamango and her brilliant blog in the Times. With youth like this : ” a student, a member of the National Executive of PL, International Secretary of FZL and Deputy Secretary General of the National Youth Council” our nation can have a brighter future. Why am I so enamoured with this bright rising star of the labourite firmament? Because she’s done her research and has given whoever wishes to read her carefully edited blog due warning about the signs of the impending economic doom (Joseph, do take note). Prosit tal-programm to the Times for catching this gem and publishing such great material.

The blog post in question (Global markets – a ‘toxic cocktail) is being reproduced hereunder since the Times have a nasty habit of brushing embarrassing moments under the carpet (when they notice that is). What is really, really interesting for us gobsmacked enthusiasts of Labour’s enfant prodige is how her article uploaded on the Times on the 10th August (Saint Lawrence, not that the irony escapes us) seems to be uncannily similar to an article in the Financial Times by Gillian Tett (Eurozone crisis resembles US turmoil in 2008). Here’s a sample two paragraphs… the first is from Gillian’s in the FT and the second is from Nikita’s :

Gillian first…

When Greece first started to wobble, many policymakers – and some investors – tried to downplay it because Greece is so small relative to global markets – with less than €200bn of foreign-held central government debt. Similarly, Lehman Brothers and Bear Stearns, with assets of $600bn and $400bn, were also small compared with the US financial sector. (from this article in the FT)

And now Nikita…

When Greece started to quiver, many tried to downplay its importance arguing that Greece is relatively small compared to global markets. In the same way which Lehman Brothers were ‘small’ when compared with the US financial sector. (from the Times of Malta)

You think it is a coincidence? nah. The whole story on the FT is a series of bullets and all NIkita does is paraphrase the whole shebang, thesaurus in hand to replace words like “wobble” with “quiver”… here’s another example, if you are too lazy to compare the whole business (besides you might need to register (free) to read the FT article).

Again, here’s Gillian:

This has now forced some eurozone leaders to move to a new phase and admit something they long denied: namely that Greek debt will need to be restructured and not everybody will always be bailed out. On one level this is sensible; reality is finally starting to bite. But on another, it takes the crisis to a new level – again, following the 2008 playbook. For what eurozone governments have done is push investors across a crucial psychological Rubicon – and make them realise that assets that used to seem risk-free now carry credit risk. As shocks go, this is perhaps comparable with the US government’s decision to put Fannie and Freddie into conservatorship in the summer of 2008. A sacrosanct assumption is being overturned; investors no longer know what to trust. (from this article in the FT)

And here’s the member of the Labour Party National Executive:

As a result, this has forced leaders within the Euro zone to move to a new era and admit what they have denied all along – that the Greek debt will have to be restructured and, unfortunately, not everybody will always be bailed out. This was a sensible acknowledgement;: reality is starting to bite. On the other hand, it pushes the crisis up to a new level reminding us of 2008. Governments across the Euro zone have pushed investors towards a crucial point, the realisation that all assets now carry a credit risk; (from the Times of Malta)

What do you say? Gillian Tett must be one hell of a lazy writer – plagiarising stuff from one of Malta’s up and coming politicians. Surely she should have known better. Hold on. Gillian’s article appeared on the FT on the 4th of August. That’s a good 6 days before Nikita’s Saint Lawrence day post. Lovely jubbly. It’s surely manpower like this that will help Joseph’s Labour create the new economic policy that will get us out of the current mess.

 

The Par Condicio Moment: A simple note to pre-empt labour diehards. J’accuse reseves equal treatment to ALL plagiarisers. Especially those who purport to be the leaders of our nation. If you doubt us just search “Scissorhands” in our search box … you will see how we are true to our word.

* Incidentally when copying  and pasting parts of the FT article you get this message (Nikita must have surely had a hard time removing it):

Please respect FT.com’s ts&cs and copyright policy which allow you to: share links; copy content for personal use; & redistribute limited extracts. Email ftsales.support@ft.com to buy additional rights or use this link to reference the article – http://www.ft.com/cms/s/0/6691437a-beb3-11e0-a36b-00144feabdc0.html#ixzz1Uo76exV4

 

Nikita’s oeuvre in full…

Global markets – a ‘toxic’ cocktail

As the markets on Thursday and Friday reached a new low, I decided to browse some news websites to get the gist of the recent trends.

In particular, I think that the CNN piece titled Global markets destabilized by ‘toxic’ cocktail offers some food for thought.

The reporter goes on to explain how both investor and trader lacked confidence as share prices fell due to the ambiguity which dominated the global financial markets at the end of the week.

Thus, continues the CNN reporter, today’s global equity sell-off and the subsequent stock market drop was a result of a “toxic” cocktail of global economic factors and, of course, a lack of crisp and determined political leadership.

Many columnists and experts warned both investors and politicians against taking a long summer holiday this year. Sounds like an August plague, like the one back in 2007/2008, where senior leaders are away and the markets are thin and is, some how, bullying to unleash a new wave of unpredictability.

As temperatures in summer soar, the way in which today’s Euro zone story is taking shape feels unnervingly like the pattern behind the American financial disaster in the late 2008. Let’s ponder the following:

1. When Greece started to quiver, many tried to downplay its importance arguing that Greece is relatively small compared to global markets. In the same way which Lehman Brothers were ‘small’ when compared with the US financial sector;

2. Likewise, when the financial crisis broke out, policymakers in the Euro zone at first assumed that the problem was liquidity, not financial competence, and blamed it all on speculation and speculators. They repeatedly tried to postpone tough decisions that needed to be taken, just like the US authorities did in late 2007. However, it seems no more successful in the Euro zone than it was in the US;

3. As a result, this has forced leaders within the Euro zone to move to a new era and admit what they have denied all along – that the Greek debt will have to be restructured and, unfortunately, not everybody will always be bailed out. This was a sensible acknowledgement;: reality is starting to bite. On the other hand, it pushes the crisis up to a new level reminding us of 2008. Governments across the Euro zone have pushed investors towards a crucial point, the realisation that all assets now carry a credit risk;

4. Like the saying goes, every action has a reaction: a spreading sense of fear. With those investing in Euro zone bonds having low experience in calculating credit risk, they found it hard to assess which countries are safer than others. To make matters worse, very few have understood the complexity of interconnections between the Euro zone bands. It’s all about real-time data, apparently, and, of course, getting this picture of a country is quite a tough challenge since banks had stopped measuring their risks in the past decades;

5. Consequently, as fear grows, another ghost of the past returns: short-term funding risks. The structure of the Euro zone system has encouraged its financial institutions to rely heavily on short-term funding. Therefore, this results in an increasing risk of accelerating capital flight. This short-term funding could still dry up as it did twice in the case of Bear Stearns and Lehman Brothers in 2008 due to the unforeseeable actions of credit rating agencies which are sustaining market fears.

It’s interesting to note that while some analysts, as we have seen above, have compared this crisis to the 2008 recession, others like David Buick, are adamant that the current collapse cannot be compared with the 2008 crash. Buick also hints at the possibility of a new round of quantitative easing, whereby central banks print money to help boost economic growth.

On Monday, the ECB announced its intentions to purchase euro zone bonds in both Italy and Spain after both these countries declared new reforms and austerity measures with hope of boosting their economies respectively to demonstrate how serious they are to get on top of things.

Other than that – what’s next ?

After a temporary recovery illusion, we have to wait and see how this second phase of a double dip recession will develop. Will it truly follow 2008 into a full-scale financial meltdown? Will the state of the US economy improve soon to do dispel people’s fear that the US might go back into recession? And can the single currency, which is in dire straights, actually survive? (Obviously, the fragmentation of the Euro zone would make it much worse). Will major stock markets around the world (S&P500 and NASDAQ) continue to experience a downward trend while the Dollar (due to the news from Bank of Japan to “print” an extra 10 Trillion Yen) and gold continue to appreciate?

In all seriousness, I hope that a sultry summer will not result in an agitated autumn.

Let’s keep our fingers crossed.

Nikita Alamango is a student, a member of the National Executive of PL, International Secretary of FZL and Deputy Secretary General of the National Youth Council.

I ain't Gillian Tett.
Categories
Mediawatch

The Times Blog

We may be working on slow mode thanks to the big move out of Lux City but that does not mean we have no time to note the big changes* in the Maltese Net World. The Times has chosen to wait for 11 days after the 1st of April to launch its spanking new online look. Thank the man in the sky for that otherwise we’d have suspected this was somebody trying to pull off another of those sophisticated pranks.

So here’s the new Times website lads… nothing more than a standard blog set up for 2011. Is that all they can do? Really? With all the resources at hand? I wonder who’s getting paid for this odd job… some lazy mutt with not much to think of beyond filching off standard templates that can be found on the net at the modicum price (prezz modiku) of 75$ (and that’s when you REALLY want to spend).

One of the greatest drawbacks of the new format will be that the ugly mutts of Bocca & Co will permanently feature at the bottom of the page like some eerie footnote.

Welcome to the Times 2011. It’s like J’accuse 2009… but darker….

*cheers to SL for the tip off.

Categories
Mediawatch

Tunnel Vision (the addendum)

And his Master’s Voice is fast at work, eager to dispel the idea that this is just an exercise in mental entertainment. The Times carried an article yesterday entitled “Gozitans welcome tunnel idea”. Well J’accuse welcomes the idea too but does not believe in the timing. We are convinced that a time will come when a tunnel/bridge/teleport site will happen between Malta and Gozo (and that Gozo will suffer the consequences) but we are also convinced that no one in his right mind thinks that the time is now.

For starters, and only for starters there’s the financing. Even if we considered farming out the contract to a private enterprise (and risked being at their mercy for tolls for a decade or two) would you really trust this government not to make a hash of the tender in the same way as it has done with the unmentionable BWSC?

In any case, you really have to ask what made the Times dish out the superlatives such as:

“Massive support for the proposal was shown this morning but it was pointed out that Gozitans should have a very big say in the decision. They proposed a referendum in Gozo to see where Gozitans stood on the issue.”

Really? So what exactly is the “massive support” if a referendum is needed? then the GRTU came out strongly in favour of the tunnel. If you consider Vince Farrugia a strong unbiased voice that is. On the other hand, if you remember that Vince was part of the umbrella coalition for MEP votes then you might think again. The Times’ eagerness to shower plaudits was unbridled:

Some of the organisations in Gozo had already appointed sub-committees to work on the proposal, while a survey held by the GTA found had 90 per cent support of members of the Gozo Tourism Authority.

I bet the Xewkija Tigers social committee got an early head start on that one. And you’ve got to love the survey by the GTA (Gozo Tourism Authority) that obtained 90% support of the … wait for it… Gozo Tourism Authority.

As for copying Nordic countries, the last time we experimented with their ideas in the Fliegu we ended up with flat bottomed boats that were ideal for fjords but that rocked like crazy whenever the Libeccio was here to stay.

Could do better.

Post postum

And Inhobbkom couldn’t resist throwing in his two cents’ worth. He came up with not one but two gems:

Labour, he said, had considered a tunnel project for Gozo in the 1970s and it would be in favour after all the studies were carried out for the best type of permanent link to be developed. But decisions could not be imposed and they had to be taken by Gozitans.


1. Labour in the 70’s already considered a tunnel project. Another one from Labour’s revival of the 70s better known as “That 70s No-No”. The omniscient Mintoff had actually caused a fuss about a bridge but if I recall well some engineers from Japan or Russia had shot down the idea as unfeasible. That’s that.

2. Decision is for the Gozitans to take. Arse-licking the Gozitans is a PLPN favourite that escalates just before election time. Here Inhobbkom engages in the all time favourite of mini-nationalism: “Decisions could not be imposed and they had to be taken by the Gozitans”. We could dismiss it as a load of codswalloping bullshit but then again upon reflection we do note his consistency: essentially Labour will not take any decision itself. It is always up to somebody else to take the decision (and the blame).

We’ve fallen in… and we can’t get out.

Categories
Articles

J'accuse : Friends

I am happy to say that I have a lot of friends who vote Nationalist (or Labour). I am not, if I may add, particularly ashamed to be seen with them. There. I’ve said it. I’ve come out and said it. It was killing me really, having to keep this secret to myself all this time, but now that I’ve come out and relieved myself of this bit of info burdening my conscience I feel much better.

If my declaration does not sound ridiculous enough, then what would you think if I felt the need to specify that “Actually I have some friends who are black”? You’d think me to be some weirdo living in some pre-Rosa Parks world of racial segregation. Incidentally, this is the 50th anniversary of the publication of that magnificent book by Harper Lee To Kill a Mockingbird – published only five years after Rosa Parks refused to give up her seat to a white man on a bus. I owe Harper Lee much of the inspiration for taking the legal career path, thanks to her unflinching Atticus Finch. Ironically, Harper Lee lives a very segregated life in Monroeville, Alabama (the real Maycomb from the story), conceding few interviews and having written pretty much nowt since the book that was voted into the top 10 must-reads of a lifetime (beating the Bible in the process).

It is very probable that the Mockingbird is a fictionalised autobiography of Harper Lee and that the character Scout in the book is actually Lee herself. Her best friend in the book, named Dill, is thought to be Harper Lee’s childhood friend Truman Capote. Though the friendship drifted apart in later years, neither of them was ever heard to say that they were ashamed of knowing one another.

Gays in the village

You know where I am coming from with all this “I have X friends” business – and no I do not mean Facebook. I am obviously referring to Prof. Anthony Zammit’s remark during the proceedings before the House Social Affairs Committee  (HSAC) at the temple of conservatism and bigotry. The subject was “the situation of homosexuals and transgender individuals” in Malta, and the information that we have at hand comes with the courtesy of a very “xarabankified” Times as one of my readers described it. For it is important to bear in mind that, in fulfilling its reporting duty, the Strickland House product seems to have shifted towards a more “provocative” approach in the presentation of its material – in some cases denaturing the very subject being reported.

It was thusly that The Times’ David Schembri kicked off with a very titillating title What Happens in the Bedroom is the Government’s Business only to fall foul of the timesofmalta.com inquisition and retract to a more moderate Parliament discusses gay rights (technical geeks did notice that the permalink (article’s web address) remained the same though – baby steps for The Times tech). So yes, as in Malawi, gay rights are still an issue for Malta’s democratic institutions to discuss.

What makes an individual (you’ve got to love the stressed use of the term ‘individual’ in the title on the HSAC’s agenda) gay? What is a gay couple? And what roles do they perform in the household? These are some of the crucial questions that seem to be automatically raised in this committee that feels and acts very much like some Victorian committee questioning Darwin’s preposterous assertions on apes, men and the like.

Only that here, thanks to a mixture of confused (and I may add unfair) reporting and clueless honourable gentlemen, we were not discussing the evolutionary merits of the opposable thumb but rather issues of a more personal nature of thousands of ‘individuals’ who inhabit the islands of Malta in the 21st century. We needn’t go so far as examining the red-hot issue of “gay adoption” that inevitably sparks fires and heats debates even in the most liberal of nations. We are talking of basic rights and liberties – such as the right to marry (and I speak of the civil law right for people not giving two hoots about sacraments humanly concocted in some Diet or Council in Trent).

Queer folk

The news from the HSAC was not promising though. There seemed to be much banter about whether it was the government’s business to have an eye in every bedroom. Edwin Vassallo’s assertion that “Yes it was” because we bear the consequences of such things as “teenage pregnancies and single parenthoods” looked slightly out of place in a forum discussing couples whose ability to reproduce among themselves can best be described as impossible. So unless some new religion is in the making, complete with dogma of “impossible conception”, something was definitely wrong with the perspective of the lawmakers in the House. Sure The Times correspondent peppered his “report” with anecdotes about MGRM’s ideas on “creative ways to have children” but surely this was not the original point of the agenda?

It then moved to the slightly queer (sorry) when Honourable Conservative Member Beppe Fenech Adami resorted to ballistic logic (in the sense that he approached the subject with the same level of convincing logic as a suicide terrorist strapped with explosives): What roles for gay partners? Who’s the man and who’s the woman in a relationship? Given that it is already hard to determine such “roles” in the post-nuclear family – we’ve all heard the one about the one who wears the trousers – the questions were as anachronistic as they were offensive. As BFA proceeded to prove that, since switching roles is not done in his domus, it couldn’t work anywhere else, the gods of logic threw a tantrum and collectively resigned.

At which point you can picture Prof. Anthony Zammit making his dramatic entry armed with a Damocletian sword and delivering the coup de grace to a discussion that never really stood on tenable grounds. “I have gay friends and I am not ashamed to be seen with them in public”. Ta-da indeed. I must confess that I do not know much about Prof. Zammit beyond what I read in the papers, but even had the pinker corners of the web not led to my discovery that he had more than a passing interest in the discussion, the kind of statement he came up with is flabbergastingly ridiculous. The only conclusion we could draw from the “xarabankified” report was that our current crop of representatives is far from representing a large crop of the voting population.

bert4j_100606 copy
Friends of friends

There’s that phrase again. Programmes on TV this week were rather amusing. Lou (of Bondiplus of Where’s Everybody?) got spanked on the backside by the BA for his Lowell programme, so Peppi (of Xarabank of Where’s Everybody?) set up a programme discussing freedom of expression and Lou’s spanking. Guests on the programme? Another ta-da moment. Lou Bondi and the ubiquitous media guru Joe Borg Father. I spotted WE’s Norman Vella on Facebook claiming that “In this programme Lou Bondi will not be the only guest. He will face people who publicly expressed themselves against his programme with Norman Lowell”. Incidentally, he was replying to a comment by Borg Cardona who had just implied that the Xarabank programme had an incestuous element in it.

The criteria used by the Xarabank crew reminds me of certain Times’ editorials (or of a conversation between Lou and Fr Joe) where they seem to assume that they are the only people to have a relevant opinion or to have actually expressed an opinion on any given subject. All three – Xarabank, Bondiplus and The Times – have become an institutionalised form of their relative medias and it is in that spirit that they are criticised. Frankly, all three could hold whatever opinion they like but their constant editorial position that obliterates any opinion they consider irrelevant (for irrelevant read uncomfortable to deal with) is worrying and stinks of a systematic effort to retain the stranglehold that they have built over a large chunk of the fourth estate.

I am not too sure that the credibility of all three is the same as they enjoyed a while back, even among the more conservative of elements. Having long abdicated one of the primary journalistic duties of proper investigation, they are now lost in a navel-gazing world of their own and they have constantly proved unable to deal with the wider democratisation of the media. While their voices might still be strong enough to be heard, and while they can still afford to ignore the disparate contradictory elements, they are noticing that their grasp is weakening and their efforts to remedy the situation is only leading them to descend into the comically absurd. So yes. We have Lou as a guest on Peppi’s show discussing how Lou and Peppi’s company should be allowed freedom of expression. Jolly good, I say.

Friendly fire

Finally, a few notes on friendly fire. Joseph Muscat was on Myriam Dalli’s TX this week. TX is a programme on Labour’s One TV (did I mention that we STILL have party-owned TVs in 21st century Malta?), so such notions as bias and doctored questions are only to be expected as annoying intervals in between shots of that Mediterranean beauty that is the programme presenter. The other person on the show glared at the camera and warned of the problems of corruption in the country while standing fast behind such weird notions as carte blanche for whistleblowers and promising the people €50 million (take from Peter give back to Peter) for the “unjust tax on vehicles”. Rather than traipsing uselessly with the kangaroos, Joe might want to polish up his knowledge of recent (very recent) ECJ jurisprudence before harping on about the latter subject. (I have friends who studied European Law and I am not ashamed to be seen with them).

Two notes on GonziPN and friends. Well done for the WiFi spots around the country. That is a bit more tangible than all the words about Vision 2015. Surely you should warn interested citizens that “free public WiFi” is not eternal. As in all similar European projects, expect a shift to paid services in the near future – whether big brother tells you or not. Also GonziPN’s little tryst with “non-politicians” at Vision2015+ felt like a very manufactured and simulated business among friends. Funny that name – Vision 2015+. A government plan gets a “+” tagged onto it and it becomes a party meet. A bit like programmes getting a “+” on their name on national TV. All they needed were Lou and Peppi at Vision 2015+ … but wait… they were there. So it’s OK, innit?

www.akkuza.com (j’accuse) has 301 friends on its Facebook page. Would you be ashamed to be seen as one of them?

Categories
Mediawatch

timesofmalta.com uncut

I’s the third time this week that the Timesofmalta.com editors have chosen to not publish my comments online. Now they are fully entitled to choose to ignore my contribution to the high level debate that goes on in the nether regions of every illuminated article. Since freedom of expression is in vogue right now we thought of creating a website where the comments that are not exactly kosher on the timesofmalta.com would be welcome.

We have the prototype up and running. The address is www.timesofmalta.vox.com. The “vox” in the address is quite appropriate as it gives a voice to those commentators with whom the Times has trouble dealing.

Incidentally the comment that sparked this action was a comment of mine at the foot of the Times editorial today. Ed was rambling about how nobody has commented on the Labour plan to tackle corruption and I just remarked that “nel nostro piccolo” we had already done so at J’accuse on the 15th of May. That was this morning. This afternoon and many comments later there is still no sign of our comment. Hence “TOM Uncut“.

The moment we have more time we will move this new blog to a new permanent base with a lovely web address that is sure to surprise the timesofmalta geeks. If you have any comment that has not passed the censorship lines be sure to follow the instructions on TOM Uncut.

Publish and be damned Baby!

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