Tag: running commentary

Categories
Constitutional Development Rule of Law

Watching justice come undone

Magistrate Charmaine Galea has just decreed her own recusal from the compilation of evidence in the Caruana Galizia murder trial.

“Magistrate Charmaine Galea followed where magistrate Donatella Frendo Dimech left off last week and said she would not hear the compilation of evidence against the three accused, on the grounds that Ms Caruana Galizia had mentioned her in blog posts concerning Labour Party appointees to the judiciary.” (Times of Malta)

A few off the cuff facts (for which I thank some colleagues who are more familiar with the ins and outs of the courts) are warranted at this stage. Malta’s current line-up on the Magistrate’s bench has a grand total of 22 Magistrates. The standard for recusal that has just been set by the combined abstentions of Magistrates Dontella Frendo Dimech and Charmaine Galea is quite low. Magistrate Frendo Dimech’s abstention stemmed mainly from a weak level of familiarity with the victim’s sister (they shared a schoolbench) while Magistrate Galea referred to direct criticism that she received from the victim upon her appointment:

“Magistrate Galea has just read out a statement saying Daphne Caruana Galizia had written about her nomination to the bench and linked it to her closeness of the government of the day.” (still the Times Court report)

Now,  that link – the one related to Daphne’s criticism of Labour’s appointment of magistrates – has delivered a severe blow to the list of 22 magistrates. Decimation does not begin to describe it. In fact, writing on the 20th of November 2016, Daphne Caruana Galizia detailed the specifics of government appointments to the Magistrates’ bench:

“This government has made 14 appointments to the bench in three years, 10 of whom are connected directly to the Labour Party. The other four are Judge Giovanni Grixti (formerly a magistrate), Judge Edwin Grima (formerly a magistrate), Magistrate Donatella Frendo Dimech (formerly at the Attorney-General’s Office), and Magistrate Aaron Bugeja (formerly in private practice).” (Running Commentary, November 20th, 2016).

The rest of the blog post in question develops an argument that implies without any doubt the ‘political’ nature of Labour government appointees through the years. In this context, Magistrate Charmaine Galea’s abstention should not come as a surprise and is actually the more ‘justified’ of the two until now seeing how Magistrate Frendo Dimech was specifically singled out by Daphne (together with another three magistrates) as not having been a political appointee. What does stand out is that by the same reckoning as applied by Magistrate Galea, 9* other appointees to the bench (10 out of the list of 22) qualify for the same reasoning, the same abstention.

We may argue at length whether or not the abstentions are sufficiently justified but that is not the point that I want to make here. The point that comes out clearly from the current debacle is that when Daphne Caruana Galizia, like many others, was pointing out the political nature of appointments to the judiciary back in 2016 (and even before that) she was actually highlighting a deficiency in the system: one that makes it weak and vulnerable. This is the tangible effect of the breaking down of the rule of law. Justice is not being seen to be done, it is being undone bit by bit.

The independence of the judiciary is a fundamental building block of a system based on the rule of law. It is a fundamental building block for any liberal democratic society. When the judiciary is treated as yet another domain wherein ‘jobs for the boys (and girls)’ are to be found, it becomes yet another dagger in the back of the proper administration of justice and consequently of the proper running of the state. The merry-go-round of recusals will necessarily go on if the roster by lot will continue to throw up names who feature on that November 20th post. It is inevitable. It is a vicious circle.

The blame is not to fall on the journalist and opinionists who pointed out the deficiencies and bad-will in the nominations. It is to fall on a government that proceeded to turn nominations to the bench into a farce. It is a government that will sit on a case of impeachment of a judge until he retires out of the grasp of justice. It is a government that will wait for the exact amount of years required by the constitution to pass for the appointment of a young, green, lawyer to the post of magistrate because rule by law trumps rule of law any day.

The not so impeached judge happened to be the father of a labour candidate, the young green lawyer happened to be the daughter of the ex-labour deputy leader and current speaker of the house. One other nominee to the bench – Ingrid Zerafa Young – withdrew her nomination after it transpired that her appointment could have breached the Constitution since she was a member of the Employment Commission. It was Dr Zerafa Young, not the government,  who withdrew her nomination.

As you follow the merry-go-round of recusals do not laugh, do not find it funny and most of all do not blame the magistrates in question. Instead remember that this is a direct consequence of the breakdown of the rule of law in this country.

We all know where the blame for that falls squarely.

 

*This post has been edited because the previous version wrongly implied that all the appointees mentioned in the Running Commentary’s posts were magistrates. 4 of those were in fact judges and therefore should not be considered in this particular case.

Categories
Mediawatch

Wikileaks à-la-carte

The Maltese blogging scene is nowadays taken for granted as a major participant in the field of information processing. The Blogosfera is as varied as ever, covering a panoply of interests with the occasional blog or two getting its moment of limelight within a particular sphere. markbiwwa.com recently let out a rant about the dos and donts of blogging (and what’s wrong with the word “blogosphere”). It’s been some time now that conceited bloggers like myself (wankellectuals) have been a proverbial pain in the arse for mainstream media pointing out flaws, errors and journalistic faux pas.

Melahart was at it this week commenting on the selective editing that seems to be the trend in some papers (Media manipulation…) while Rich Muscat Azzopardi also had a good point to make about the Times’ trend to becoming a click-hunting site above all (Rightly So). I’ve got some bad news for Rich. His autopsy on local journalism comes a little too late.. J’accuse had proclaimed it dead a while back after a particularly jarring episode of Bondiplus regarding Plategate.

The role of blogs and bloggers in filling the vacuum of investigative journalism is what triggered off this post in actual fact. Given how most media establishments in the country are agenda-driven or just downright lazy, the levels of investigative journalism have fallen to an all time low. Blogs and bloggers (not Times trolls mind you) might just be in the right place to fill the gap.

Take the Running Commentary. Back after the traditional end of summer pause, Daphne has set her sights on a deal between Polidano and Mintoff’s offspring. In her first post on the subject Daphne called for a Public Inquiry. The facts mentioned in the posts relating to the issue are just that: facts. They are publicly available to anyone wishing to discover them – in the archives of MEPA to begin with.

Now I do not believe that Daphne spent her little sabbatical recovering from the trauma of Mintoff’s passing away looking through random archive of the MEPA records. What probably happened is that somebody (a mole, a snitch, a leaker,… whatever) passed on this information to Daphne with the intention of getting as much public coverage for this bit of news. Used to be such news would go to a media outlet but then again… given the subject matter what better place to go to than Malta’s blog with most hits?

Am I saying it is wrong? Not at all. Expect more of this phenomenon as things get to a head. A while back we had also featured a Polidano related post on J’accuse. In March we were writing “Polidano Can, if he thinks he can” pointing out the rough manners in which Polidano literally bulldozers over our planning laws. In that case too I had received a pointer as to some illicit night time action in which Polidano was engaging in some property close to Zmerc in Balzan – what prompted me to give particular attention to the matter.

The network of blogs – with different affiliations, orientations or independent minded persons – that has developed over time might end up with Malta having its very own unofficial network of Wikileaks. What worries me is that each blogger will have a sieve of their own with regard to what information can or cannot be published. Expect blogs associated to the mainstream parties to be very selective as to when to make a noise about information in their possession. Expect others to proceed cautiously as they are drawn closer and closer to the limelight of lawsuits, libel proceedings and other “democratic” mechanisms of silencing the truth.

Expect, in other words, the development of a network of Wikileaks à-la-carte. Probably not the best of worlds but already going a long way into filling the gap left by a media system that is either dead or in a long coma. Or in the case of the Times… busy chasing the cheap click.

Categories
Zolabytes

Staring at the Sun

He no longer blogs as often as he used to but he’s “come out of hiding for a sort of sober not-totally-humorous post” about DCG. In his Zolabyte contribution Vlad of Fool’s Cap fame rolls up his sleeves for a dig in the dirt – his very own analysis of the DCG blogging phenomenon.

Staring at the Sun
or How I Began to Start Worrying about Daphne Caruana Galizia
by Vlad

The sun is great and all, but looking directly at it will make you go blind. One cannot help but think the same about Daphne Caruana Galizia.

When that volcano erupted earlier this year, Caruana Galizia graduated from the ranks of the outspoken to an unbridled temper with a laptop and a keen determination to wreak vengeance.

For those that are not her unquestioning adherents _ of whom she has many _ the spectacle has cast a car crash spell. But whatever voyeuristic appeal there once was has now begun to wear thin.

Reading Caruana Galizia’s blog, Running Commentary, once felt like trawling those YouTube clips of BMX bikers smashing into walls, but now it just leaves the unpleasant aftertaste that comes with watching al-Qaeda beheading videos.

But how exactly did Caruana Galizia evolve from an engaging and persuasive, if frequently disagreeable, poison pen letter writer into an unremitting practitioner of the self-righteous apoplectic fit? And why should any right-thinking Maltese person care?

The transformation was in part accidental; precipitated by media reports about her husband’s domestic abuse report to the police and the alleged whispering plot hatched by Magistrate Consuelo Scerri Herrera and her friends. Her indignation and the torrents of abuse that followed, she explained between jigs of cholera-induced St. Vitas’ dance, was an adequate response to the brazen intrusion on her private family affairs.

Well, fine, it was an absurdly hypocritical position to adopt for someone that has made a cottage industry out of spreading salacious tittle-tattle and dubious insinuations, but what to do? She was scorned, and vanquishing her foes and salting their fields must have seemed like the only fair retort.

What seemed like a fleeting moment of pique, however, has now calcified into a permanent register of bilious ire. Caruana Galizia quickly took advantage of the popularity of her rage-shtick. Despite her affected air of insouciant contempt, she craves approval and infamy, or what passes for it on the Internet at any rate.

Running Commentary has accordingly morphed from a platform for a contrarian know-it-all into a round-the-clock acid reflex.

Deploying insults that she doesn’t always appear to fully understand, Caruana Galizia’s antagonists are now variously dismissed as slags, whores and chavs, among a panoply of other decidedly adolescent put-downs.

And it should go without saying that Caruana Galizia has still not located the exact whereabouts of her reverse gear. The bloody-minded tend to bear this unidirectional condition with pride, and Caruana Galizia must be in the running for some of award from the fraternity for her unremitting perseverance in battle.

That the ability to go backwards is not in of itself a bad thing, however, is a piece of wisdom quite unappreciated at Running Commentary. Even standing still is viewed with suspicion there, as the hundreds of verbose retorts to readers’ comments in bold black print attest.

Putting these quibbles to one side, however, there is no denying that Caruana Galizia is the closest thing Malta has to a proper columnist. Her newspaper articles are usually well-argued and mercifully light on disheartening attempts at wit and rambling insider-y references.

Her blog, meanwhile, is another matter. In addition to the qualitative shortcomings that inevitably come with this unmediated off-the-cuff format (see this blog, for starters), Running Commentary has facilitated the debasement of public discourse in Malta, not least by enabling the creation of the colossally foul and stupid Taste Your Own Medicine site.

But just because Caruana Galizia’s abuse is spelled correctly and more grammatical, it doesn’t necessarily make it any more worthy.

Malta is a special needs case when it comes to Internet debate, as the comments section under any widely-read Times of Malta article effectively demonstrates. This is why the country really needs its only effective columnist to cease indulging in petty verbal mud-wrestling, which only serves to engender a spiral of noxious mutual sniping.

It is easy to imagine how grating such an appeal would be to Caruana Galizia, were she to read it. She would bridle at the suggestion that her prominent role in Maltese public life puts her under some obligation to act as an arbiter for standards in debate.

But, simply put, she would be wrong.

If it isn’t too histrionic to suggest, I would argue that once we get stuck down this stygian Internet rabbit-hole of petty, scurrilous name-calling, the country is going to become a worse place.

Vlad’s original post can be found at Fool’s Cap.
*****
Zolabytes is a rubrique on J’accuse – the name is a nod to the original J’accuser (Emile Zola) and a building block of the digital age (byte). Zolabytes is intended to be a collection of guest contributions in the spirit of discussion that has been promoted by J’accuse on the online Maltese political scene for 5 years.

Opinions expressed in zolabyte contributions are those of the author in question. Opinions appearing on zolabytes do not necessarily reflect the editorial line of J’accuse the blog.
***

Categories
Articles

Daphne says Give Up

I got some advice from fellow blogger/columnist Daphne Caruana Galizia this week. “Here’s a tip, Jacques,” she said, “try writing things that people want to read. If you haven’t got yourself an audience in five years I’d say it’s time to give up.” Now it’s probably good to know that other people take such a level of interest in your welfare and blogging, and it’s probably even greater that a seasoned old-time columnist has some tips to dispense to a newbie like myself, but there’s much more to be read in that tip than appears at first.

The clue is to be found in one tiny phrase that DCG let slip in her prescription: “things that people want to read”. I know you wouldn’t guess it but you see DCG is a public relations (PR) person – a self-made marketing/communications product of the nineties and noughties. Finding out what people want to read is her bread and butter. It’s not just that though. As a dabbler in the arts of PR and marketing, she is in the business of packaging anything to make it sellable. An expert PR specialist can package something normal and make it seem to be the most desirable item in the world. Expert PR people work at Apple, Google and the like.

A dabbler in the arts of PR will not reach those dizzy levels of success – they will not become the new Steve Jobs. Instead he or she will be sufficiently well versed to understand the tricks of the trade among which is one very basic tenet: feed on the buyers’ curiosity. Being able to get as wide an audience as possible means being able to provide what that wide audience wants as effectively as possible. What could possibly attract large audiences in today’s world? Sensationalism, trash and tabloid style voyeurism that’s what. In his appreciation of DCG in MaltaToday, columnist David Friggieri described her adopted style as “trash and destroy” – aptly so.

The Romans had “panem et circenses”, the Victorians had “PT Barnum and circus freaks”, the 21st century Malta blogging scene has TYOM and Running Commentary – and boy do they have an audience. If you want to set up a blog and get “an audience” before five years then all you have to do is follow Daphne’s advice: write what the people want to read… or give up.

Thanks. But no thanks.

You see marketing people invaded the political scene in the early nineties. Look at the UK – they constructed the Blair persona and are in the process of constructing Clegg and Cameron. Now Brown is a different kettle of fish. The man has a volatile temper, is very much a down-to-earth old style politician who has little time for the marketing shenanigans of pandering for the photo-op. The poor man tries but just look what happens when he drops his guard for a moment – Bigotgate: the ultimate blunder for a politician occurred.

After having been cross-examined by a voter in a rival constituency, Brown forgot that he had his microphone still on and proceeded to describe her as a “bigoted woman”. It’s probably what most politicians think of even the most fawning of voters (just look at DCG’s appreciation of John Attard Montalto in the Indy to see what I mean,) but you don’t need a marketing expert to tell a politician that it’s just not done to be frank about these things. Don’t get me wrong – PR management and marketing definitely have a role to play in today’s communication driven political struggle but the danger is in letting them take over completely.

When I started J’accuse five years back my intention was to openly discuss ideas – not just political – with anyone interested in listening. The blog grew into a regular platform where ideas are exchanged (and yes, sometimes – thankfully rarely – insults are traded). Someone ingrained in PR cannot conceive of a different form of result than “audience” in the vulgar term of audience. J’accuse is not in the business of “selling” but is simply an expression of opinion using a (not so) new medium.

The surprise is that around 800 people log onto J’accuse on a daily basis to read what DCG describes as “boring and irrelevant” content. Others log in on a less regular basis. Frankly, we’d be happy with 50 or 10 regulars because ours is not the business of numbers. We’ve proved time and again that the moment we dabble with sensational or “what people want to read” our figures explode into the thousands – just see what happened in the recent case of The Times spoof. You need not look far for that phenomenon – the instant success that the despicable and sensational TYOM formula enjoys is proof enough.


Frankie says ‘Relax’ – DCG says ‘Give Up’

The measure of success in the PR world is audience. We’ve taken to measure the success of our arguments by the deafening wall of silence that surrounds our more inquisitive of arguments. Particularly when we know for a fact that our questions are read and that it is easier not to answer them. The advice they give us is “give up”. The hope is that the irritating presence of those asking the relevant questions will fade away if ignored. We are the elephant in the room of communications experts – those who can only write or present “what people want to read” (or what they want people to read).

This column (and blog) has asked questions of Daphne (Why now? in Plategate), Lou Bondi (the death of journalism) and (Fr) Joe Borg (more deafening silences). The questions were not complicated – they were not difficult to comprehend and they were there for all to see. It’s true – if they are ignored they will fade away and Lou Bondi will trump up another highly relevant programme like resuscitating the ghost of Norman Lowell in order to give the people what they want (rather than what would be a service to what they need). Daphne will yell until she is blue in the face that nobody reads our complicated articles while simultaneously ignoring the very pertinent questions posed therein.

It’s happened before. A year ago we asked Daphne to follow proper netiquette and provide links to J’accuse whenever she quoted huge chunks from the “boring and irrelevant content” on the blog that nobody reads. We were told that we were “bitching” and that we should be grateful for the “free publicity”. Once again DCG laboured under the impression that we should somehow feel sufficiently rewarded by gaining notoriety with the masses. Furthermore, even though we never asked for an apology, DCG told us “I am not going to apologise and backtrack”.

A year later UK blogger Charles Crawford, who had a brush with Maltese politics thanks to some conspiracy theory linking him to Gonzi’s choices for Cabinet, told Daphne off for having “quoted great chunks from my blog but without the usual blogging courtesy of giving her readers the link to my original work” (his words not mine). DCG apologised without batting an eyelid. Weights and measures? Who would have thought?

Obsessions

Yes, we do have an obsession. It’s called blogging. We love it. We love the tool as a free form of expression and quite frankly we will not be told what the measure of success of a blog is from someone who cannot even grasp the basic concept of netiquette. The reason J’accuse is also a column in The Independent is because someone somewhere saw what was written in the blog and decided it was interesting for some people. We are more than happy with the fact that the sensational content (and sporadically excellent articles – such as this week’s Pigeonhole business) are what keeps DCG’s columns in The Independent – there’s all kinds of readers for every kind of stuff.

Daphne was not the only fellow columnist this week dispensing the kind of advice to “give up”. Stephen Calleja’s column last week was called “Too weak to be called a force”. In it he invited Alternattiva Demokratika to “give up” in so many words. AD and any other respectable third party has a mountain to climb. It has to sell political ideas to voters who are trained to interact with politicians in a certain way. The Pierre Portellis and Georg Sapianos of this world will be back come next election telling people what they want to read: that a vote for the third party is a wasted vote. That these irritants should have called it a day ages ago and leave the political business to the experts – to those who have mastered the combination of marketing and politics to a T.

AD and their likes are the “tiddlers”, the small fry who will not count because their message is not packaged in proper marketing material and they do not tell the people what they want to hear. They do not “twitter” frivolous messages on Church/State separation (viz Joseph Muscat) while espousing contradictory policies. They do not pitch a marketing campaign that is good for the hunter AND for the environmentalist (gonziPN’s rainbow candidates). They are “boringly irrelevant” because of their frank and direct messages on the environment and on divorce. They might not be what people want to hear – which when combined with the obstacles of electoral law and voting traditions might be just the right formula for “giving up” and calling it a day. Or not.

Twenty years in politics and five years in blogging and what do AD and J’accuse have in common? Consistency and dedication to the truth. Frankly, I’d rather be on that side of the fence than “trashing and destroying” any day.

Breaking the rules

Well, that’s another column dedicated to confusing people with the J’accuse “boring and irrelevant” message. I’ve had to break my self-imposed limit again but I still have a few more things to add.

First of all do take a look at www.ideat.org.mt. Labour’s fledgling think-tank has published the first edition of what will be an online quarterly. The J’accuse verdict is “a job well done” – full review on the blog. Finally, there’s an attempt at engaging in politics and not marketing – let’s see if it gets viral or is destined to be marginalised like most things truly political.

It’s the first of May as I type so I should be wishing all workers a good day of rest (not too sure about shopkeepers resting though). Worker’s Day brings back memories of the stress of preparing for exams when – admit it or not – even in the later stages of university you were always thankful for a motherly figure refilling the coffee cup and keeping you going physically and morally till exam day. Ten years ago I was in Bruges, delivering my Master’s thesis and though there was no mother around to pamper and encourage, I was always grateful for the supporting phone call.

So it’s thanks again mum 10 years on, and happy 60th birthday. It’s not just the kids at Stella Maris College and the La Sallian Freres who are lucky to have that great headmistress around. It’s also this hard-headed son of yours who does “cause trouble” as you would say – but always in a constant and well-meaning way.

www.akkuza.com promises to be as boringly irrelevant as always this week. Be there or be square (or tabloid).

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

Categories
Mediawatch

Netiquette – no longer the stuff of bitching

Where we point out DCG’s sudden U-turn on matters of blogging and netiquette. Cheers Charles!

Continue reading “Netiquette – no longer the stuff of bitching”