Inquiry that’s set to produce Labour’s next resignation

Prime Minister Joseph Muscat has bowed to pressure to focus the crosshairs of an independent inquiry on Manuel Mallia’s ministerial staff, and what happened on Wednesday evening to provoke the Opposition’s allegations of a ‘cover-up’ on the shooting incident involving security driver Paul Sheehan, a police constable.

Questions will be raised on the home affairs minister’s chief of staff Silvio Scerri, who called MaltaToday on the night of the incident to ‘correct’ the newspaper’s initial report and insist that the shots Sheehan fired into a vehicle were “warning shots” fired in the air.

On Thursday morning, MaltaToday confirmed that photos taken Wednesday night of the bullet holes in the rear of Stephen Smith’s vehicle had corroborated the newspaper's original report.

Muscat has gone on record saying that Mallia, who at the time of the incident was at the Floriana police headquarters, was neither on the scene nor had he given any instructions to Sheehan, almost exonerating his minister from political responsibility.

There is no doubt that the Office of the Prime Minister, irked at having had Budget 2015 totally eclipsed by the shooting incident, will be looking for responsibility to be carried at some level or other.

While Opposition leader Simon Busuttil has insisted that Mallia should resign, with a magisterial inquiry underway Muscat yesterday announced a government inquiry to establish political responsibility into the incident.

Busuttil deftly rebuffed the Prime Minister’s invitation – via Twitter – to nominate the retired judge that will head the inquiry: “Stop ‘shooting’ from the hip,” Busuttil punned. “Stand up to be counted. It’s your mess, now deal with it.”

While Smith, arrested for driving under the influence, was released some 40 hours later on Friday afternoon, questions abound on the culpability of Sheehan himself.

Sheehan gave chase to Smith after the Scotsman hit the stationary home affairs minister’s government car on Nicolas Bernard Street, in Gzira.

Witnesses told the police that Sheehan caught up with Smith on Triq il-Wied tal-Kappara, just outside the national swimming pool, and exited the damaged car with a pistol in his hand.

Smith got out of his car, an Opel Insignia, with a beer bottle in his hand, and reportedly asked Sheehan why was he carrying a firearm, before returning to his car and speeding off.

Sheehan gave chase and – sources told MaltaToday – allegedly opened fire along Edgar Bonnici Street, suggesting he could have shot from inside the moving vehicle, hitting the left end of the car roof, just above the rear windscreen, and the right hand side of the bumper.

MaltaToday is informed that an eyewitness told the police that shots were fired while the Scotsman was driving away, and Sheehan was in the Mercedes, driving behind him, possibly at the corner of Triq Edgar Bernard and Triq il-Wied tal-Kappara in Gzira.

Stephen Smith was later stopped by police in the tunnels at Tal-Qroqq, refusing to take a breathalyzer test. He was found to have three times the normal blood-alcohol levels three hours after his arrest.

Driving under the influence, Smith’s car grated past the ministerial car on Nicholas Cottoner Street in Gzira, where Sheehan’s mother lives. The security driver had dropped the minister’s daughter at the residence while Mallia was at the police HQ. Photo evidence shows that the right-hand mirror of the hit car was detached and the side of the car scraped.

Residents in Triq Wied il-Kappara who spoke to MaltaToday said that, at around 9pm, they heard the blaring of a horn and saw two cars coming to a stop at the end of the road. Reportedly, both men were standing outside their cars: one of them was on the phone and the other was holding a gun. A few minutes later, between five to 10 minutes, residents heard gunshots.

Cover-up allegation

In his sole news conference on Thursday, Mallia was quick to point out that the incorrect version of events communicated by the government had been informed only by the ‘facts’ as they were being relayed from the scene of the incident, in real-time.

Muscat, on his part, on Friday said that government communications staff were eager to inform the media as quickly as possible and as such were incapable of independently verifying the information as it was being relayed. He set much store in saying that the press was offered access to the scene of the incident, publishing the photos that confirmed the ‘warning shots’ were indeed bullets fired into the car.

The Opposition is adamant that the information as relayed by the government at the time of the incident was part of a “cover-up”.

Muscat denied the allegation, saying no cover-up takes place under the glare of the cameras and the press.

Busuttil yesterday reiterated claims by the PN organ In-Nazzjon that Smith’s car was moved by a police low-loader 100 metres away from the site before the inquiry team was on the scene. He then implicated Acting Police Commissioner Ray Zammit in the ‘cover-up’.

Zammit on his part denied ordering the car’s removal, saying he ordered Superintendent Alexandra Mamo to be present on site to order a magisterial inquiry. He added that the low-loader was brought down to take the cars to the CID yard after the magisterial inquiry is launched. “Although the car was loaded onto the low-loader, Police still stayed on site and an inquiry continued on site.”

Busuttil, in a press conference yesterday at the site of the shooting, insisted that Mallia should resign. “He must shoulder responsibility for the attempted cover-up of this crime by claiming that there were warning shots and for the removal of the Scotsman’s car without the permission of the inquiring magistrate. We suspect that the Acting Police Commissioner is also involved in the cover-up because he was present for a meeting between himself, the home affairs ministry and the Office of the Prime Minister.”

When asked if Zammit’s role would be established in the magisterial inquiry, the PN leader said the commissioner should make his position clear. “[Sheehan] has not been arrested, charged or arraigned in court. The Acting Police Commissioner must explain.”

Busuttil said Muscat’s decision to wait for the outcome of the magisterial inquiry was “just an excuse not to fire Mallia” and milked the unfolding situation by saying the prime minister’s credibility was “in freefall… if he fails to remove Mallia then it is clear he is an accomplice.”

Placing the political responsibility at Mallia’s doorstep, Busuttil said Sheehan’s use of force was “down to the minister who allowed him to do what he wants... the result of a culture that under a Labour government anything goes and that you can do whatever you want if you are close to the government.”

Tweet wars

On Saturday evening, Muscat finally ordered a government inquiry to be headed by a retired judge and two former members of the judiciary. But in his tweet inviting Busuttil to name the inquiry board’s president, Muscat was swiftly rebuffed by Busuttil who said he would have no part in doing the prime minister’s job.

Muscat’s inquiry board will be tasked to explore the allegations of the cover-up and whether Manuel Mallia or any other officials were “illicitly” involved in any way. The inquiry should also determine whether Mallia intervened to cover up Sheehan’s actions or any other issue concerning the behaviour of the minister or other official during the incident.

“The Prime Minister took this decision because he believes that all facts should be made known and investigated,” the OPM said in its statement, insisting that Mallia will submit himself to the scrutiny of the inquiry.

Busuttil is likely not to reply to Muscat’s invitation to nominate the inquiry head by 6pm today. The Nationalist Party said Muscat was abdicating from his responsibility and passing the buck onto the board of inquiry:

“The Prime Minister is with his back against the wall and remains weak in the face of abuse of power. Instead of sacking Manuel Mallia immediately, Muscat is shrugging off his responsibility. Everyone knows that no judge can assume the political responsibility over Wednesday’s incident.”