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J'accuse: Decadent

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It suddenly feels like we are gate crashing into the month of December. One minute you were swimming at Ghadira on a hot August afternoon and the next Saint Nicholas’ feast is around the corner and you start to wonder whether this year’s arbre de noel should still be themed in black like last year’s. One thing is sure, I ain’t falling for the live tannenbaum this time around because that would mean another headache worrying about where and when to dispose of the dried-up carcass sometime in March when I’ve had enough of dead trees ruining the view in the living room.

The issue of dead evergreen conifera in the living room is currently relegated to the section of pleasures yet to come. What is really beginning to buzz are the usual retrospectives that one comes to expect at this point of the calendar year – a full 30 days and more before it actually ends. What makes this end of year special is that it signals the close not just of a year but of a decade – ‘the 00s’ – and the birth of a new one – ‘the teens’. This gives us the opportunity to look back and take stock of what has been and what could be in terms of the most natural numeral system that occurs to the ten-digit mammal that is man.

Time magazine has labelled the 00s the decade from hell. It placed the 00s among the most awful peaceful decades in the world’s history. This may be a bit far-fetched when put into the perspective of the past two millennia, but the Americans may have their own reasons for feeling so down and out. Let us not forget that Americans have been re-sized by two economic crashes (dot.com and the most recent), they have had to increasingly face the prospects of expensive oil barrels, they have engaged in embarrassing conflicts in Afghanistan and Iraq and they have seen their place at the pinnacle of the world challenged by new emerging supergiants like China.

And, of course, the decade did kick off with 9/11. So all in all, the Yanks have good reason to complain. The biggest worry Maltese might have about the 00s is that this will have been the first full decade since the 60s with the same party in power, but unless boredom is a sufficient reason to change government, then we might as well stop complaining.

Guilt

There will be time yet to look back in anger, but in the meantime we had more pressing issues in the news this week. Foremost among these was the end of what has been dubbed ‘Justicegate’. The wheels of justice turned slowly and, notwithstanding the usual sensational speculation that often surrounds legal developments, justice was seen to be done within the courts of Valletta. Now is the time to pose legitimate questions about the system of appointments in our system. We have to reflect on the fact that, while a former Chief Justice has been found guilty of corrupt practice, there is still a lot of emphasis being made on character reference and connections.

Such character references (and the negative attacks on the same character) when given, betrayed a whiff of bias and ulterior motives. The vultures who swarmed around the carrion of the guilty seemed to be just as implicated in this farce of personalities as were those who commended a man for his recent spiritual redemption before a court of law that should be deciding on reasons based on anything but the spiritual. Repentance and remorse is not the only reason for criminal trial and punishment. On the other hand, the mud-slinging witch hunters would do well to remember that today’s civilised society no longer has place for public scenes of humiliating punishment.

Unfortunately, much like the rabble roused to a fight, we will probably disperse and pick on some other glittering issue that tickles our fancy and forget the reason why we raised our voices. The legal community must fight the temptation to bury this ugly event and needs to take a long, hard look at its very soul and remember that the very foundations of the society that it defends is the rule of law. We have an obligation to ensure that matters spiritual and political do not cloud our judgements. The biggest obstacle the legal community will continue to face is the smallness of our community, that will inevitably taint the basic prerequisite of absolute objectivity – that is why we must be as exacting as can be with our own selves.

As for the amateur dabblers and critics of the law and its ways, they are best left with the sensational kind of voyeuristic gossip journalism that feeds the hungry audience. In other words, it is up to the guardians of the law and legal profession to bear witness to the usefulness of its integrity; let the rest dabble in their panem et circenses and schoolgirl antics.

Offence

Back on the web, my interest in cases of public offence was renewed this week with a couple of events involving Google. First there was the Michelle Obama incident. Apparently, searches for “Mrs Obama” on Google Images resulted, among other things, in a doctored photo of Madam Obama’s face. The photo had racist connotations and Google was asked to take action on the incident. Rather than removing the search result, Google posted an explanation in which they stated that although they agreed that the particular search result could be seen as offensive they did not believe that they should edit such result.

Essentially, I agree with Google’s position, in the sense that they argue that the job of an Internet search engine is to point out reliable results showing pages on the internet related directly to the terms that have been inputted. If a search engine were to perform its duty robotically it would show you exactly (based on a system of complicated algorithms designed to filter by relevance) what the net has to offer on the basis of results. Such results are not always pleasant: the most quoted example is the Mrs Slocombe Standard of googling “pussy” (Only Try This Under Adult Supervision – certain fat cats could be quite horrible). Do not always expect your net trawling robot to understand the not so subtle qualities of the vulgar double-entendre.

So do not expect Google to edit what already exists out there. Another Google-related story is one in Italy, where prosecutors in Milan are asking for a condemnation of four Google directors for having allowed the distribution of a notorious video that depicted the beating/bullying of a young disabled person at a Turin school. In this case, Google might be seen to be more directly responsible, since the video in question was uploaded onto Google’s video hosting site ‘Google Video’. This will be an interesting case to follow to see how far the responsibility for content on hosting sites can be imputed to the hosting site rather than to the poster.

Faithless

The Imam’s presence on Bondiplus and his statements on the programme have caused an extended rumbling in the media and among commentators. Apparently, the Imam is guilty of having declared that he believes in punishment by amputation. Imam el Sadi wrote an apologia in The Times in an effort to dispel certain misinterpretations of his statement. The Imam was very careful with his words and made sure that he kept a respectful approach to the values of the society in which he lives. What can also be read in his article is a clear message that, much as he respects these values, he also begs (well, not exactly begs) to differ.

Sharia law, he tells us, laudable as it may be, is not fit for “a society lacking social justice and social security”. You can only practise Sharia law in a perfect Islamic state because Islam is a “comprehensive and complementary system”. Sharia punishments are not an end in themselves, the Imam tells us, but a dissuasive measure to frighten people from committing the crimes in the first place.

Now, I am not a theologian, and do not feel qualified to enter into a dispute on the merits or demerits of laws inspired by God. What I do know is that the country I come from is already in enough trouble as it is, having difficulty separating Church from state. All we need is to have a discussion on the “threat” – perceived or real – of a possible introduction of Sharia law in Malta. We tend to get the wrong bit of the argument when we end up talking about crusades, proselytism or engage in comparative theology of sorts. As I said last week, the problem might lie deeper. Are we able to look into the mirror and understand what kind of society we are and where our values lie? Are we able to define ourselves as a secular or apologist kind of society?

Imam Al Sadi has every right to express himself about his beliefs and about his ideal kind of society. When we feel threatened simply because he is expressing those beliefs, then there is something wrong with ourselves and our sense of certainty about who or what we are. It goes beyond the issue of whether we are a nation of Catholics or agnostics. It goes straight to the heart of being a tolerant, liberal democracy that can safely assume that the rights and obligations therein are safeguarded by the law – irrespective of whether we prefer crosses, crescents or nothing at all.

Debt

And finally, Dubai. It’s been an ugly week in the Emirates, as the government of Dubai (Dubai World – the state-owned conglomerate) realised it would be unable to honour most of its debts. The staggering figure of $380 billion is being bandied around and, as an economist on the BBC stated, this is a sure sign that even governments are still not shielded from the economic crisis. US markets that had been on the road to recovery are registering a new downturn, as the economic world looks with bated breath at the goings-on in the Emirate. All was on hold while the Islamic feast of Eid was in place, but this was already being dubbed “Financial Crisis Part II” by Friday afternoon.

Businesses worldwide will be worried that the already dark prospects for spending over the Christmas period will be further affected by this negative development. Shoppers are expected to spend less on the street and engage in intelligent, comparative shopping on the web. Cross your fingers and hope for the best, because Dubai threatens to be the last big hiccup of this ugly decade. And while you’re at it, spare a thought for SmartCity Malta and hope that it might be cushioned from the oncoming storm.

Silver

This has been quite a heavy article, inspired by the decadence of the 00s. It is not half that bad really, and I had a little silver lining yesterday with my return to victorious sporting activity, as the old knee injury seemed to pass. SKWADRA FC returned to its winning ways. On the entertainment side, allow me to recommend Paolo Nutini’s (not so) new album Sunny Side Up, the movie Julie and Julia for blogging and cooking buffs, and try to get invited to the preview of Google Wave for a taste of some mind-blowing technology at your fingertips.

Have a nice weekend.

This article and accompanying Bertoon appear in today’s edition of The Malta Independent on Sunday.

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3 replies on “J'accuse: Decadent”

For starters the Court could do something small but significant: dismiss “character referees” with the summary swiftness it dismisses hearsay.

In this whole episode my admiration’s for the unnamed British Archbishop who did not give permission to the UK-based Maltese priest in his diocese who was to take the witness box to give another “reference”.

I agree that the system of appointing judges should change, but I have my doubts whether such a system would have prevented Justice gate.

As a lawyer I have often appeared in front of Dr Arrigo in Court. I have always found his conduct as a judge to be correct – I dare say better than other judges. In fact I thought he would be made Chief Justice, as happened.

Naturally, he has committed serious offences. They have undermined the system of justice and he should be held responsible for his actions.

The system of appointing judges should change to ensure that the best qualified and experienced advocates are appointed judges and the appointment is not at the discretion of a minister.

In the UK I understand judges are appointed on a recommendation by the Lord Chancellor. In Malta, by analogy, judges would be appointed on a recommendation by the Chief Justice, or maybe by the Commission for the Administration of Justice.

Or should we have career judges as in many civil law systems France, Italy …) where one studies and passes an exam to become a judge?

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