Speaker’s PAC ruling on oil scandal breached right to non-self incrimination

A Constitutional court has held that a 2014 ruling by the Speaker of the House breached the right to avoid self-incrimination.

Judge Joseph Zammit McKeon has upheld the argument made by three persons charged in connection with the oil trading scandal that they cannot be compelled to testify before the Public Accounts Committee due to the ongoing criminal proceedings against them.

Frank Sammut, Francis Portelli and Anthony Cassar had asked the first hall of the civil court in its Constitutional jurisdiction to declare the request that they testify before the Public Accounts Committee, as well as the Speaker's 2014 ruling on the matter breached his right to a fair hearing. They had also asked the court to declare the same with regards to the official Guide for Witnesses appearing before the Public Accounts Committee.

Speaker of the House Anglu Farrugia had ruled that they had to testify and that if a questions that could possibly incriminate them was made, the Public Accounts Committee was to refer it to the Speaker to decide on whether it was permissible or not.

In a judgement handed down today, judge Zammit McKeon described the ruling as a breach of the right to silence, making it clear that they had the right to silence and that any action taken against them for not testifying before the Public Accounts Committee would be a breach of their rights.

A similar case filed by Tancred Tabone had also been upheld earlier this month.