Updated | Said motion for Caruana Galizia allegations board of inquiry goes through with government amendments

An amended motion, to establish a board on inquiry to investigate claims made by investigative journalist Daphne Caruana Galizia, was today approved in parliament.

The motion went through with 36 votes in favour and 29 against. Equality minister Helena Dalli was absent, with an arrangement having been made for PN MP Mario Galea to pair with her and abstain from voting.

Voting first took place on the four amendments which the government had tabled, which went through.

A division was then called for a vote on the motion as amended by the government.

The government had this evening put forth four amendments to a motion which had been tabled by Nationalist Party MP Chris Said, asking for a board of inquiry to be set up to probe the writings and allegations made by investigative journalist Daphne Caruana Galizia, who was murdered in a car bomb attack on October 16.

Speaking in parliament at the start of the discussion, government MP Byron Camilleri said that the government would be moving a number of amendments to the motion.

These included highlighting the police’s good work in the investigation and the respect which Malta has for the rule of law and European democratic values, and stating that Malta has functional institutions, including the police corps and armed forces, the work of which was seen when ten people were arrested  in connection with the murder, three of which were arraigned in court.

Justice minister Owen Bonnici also said the government was requesting that the text be changed to emphasise the role the police had in the arraignments. Similarly, government MP Stefan Zrinzo Azzopardi said the motion should include the government’s efforts to strengthen the rule of law in Malta.

In response, Said said that the amendments showed that the government was not willing to have a serious investigation on the murder.

“The amendments are a means of the government praising itself,” Said maintained, adding that the amendments showed that the government had something to hide, and was thus afraid to approve the motion as originally worded.

Caruana Galizia was considered meddlesome by some, Said said, but she was doing her job, and God forbid that Malta should come to a situation where journalists can’t carry out their duties.

The government had a role in creating the climate for the murder to happen, he claimed.

“If the motion is approved by the House, it will be a way of the state declaring that nobody would ever had to go through what Daphne did,” he said, as he told the House that the government had to do all it could to catch whoever had commissioned the crime, and not only those who had undertaken the order.

“Daphne’s murder happens in a country were a government delegation goes to Azerbaijan for meeting without the press present, and where a power station deal is brokered without the public being informed,” he emphasised.

He stressed that instead of being protected by the state, Caruana Galizia became a victim of a harsh campaign to damage her, and that the government punished those who uncovered wrongdoings, and not the wrongdoer.

"Will no one rid me of this meddlesome priest?" Said stated repeatedly, in a metaphorical reference to a cry attributed to King Henry II of England, who had been frustrated about his conflicts with the Archibishop of Cantebury

“Daphne was not killed on October 16 – her assassination happened long before. The perfect environment for her to be killed was created over a period of time. Her murder did  not happen in a country were the rule of law reigns supreme,” he said.

“Those who blew up Daphne wanted to scare our society and send the message that anybody who meddled with them would be killed.”

Some commotion broke when Said claimed the government had labelled Caruana Galizia a 'witch', and had done all it could to discredit her, with government MP Glenn Bedingfield protesting loudly.

“After Daphne’s murder the Prime Minister gave strict instructions to the police to ‘leave no stone unturned’. This worries me – did the police need the Prime Minister’s permission to do this? Is this not what the police should do?” Said continued.

“What I want is that a serious and independent investigation takes place on Daphne’s writings,” he reiterated, adding that the motion was in no way politically biased, and that those voting for the motion as amended by the government would show that they either have something to hide, or had no interest in seeing the countries institutions function correctly.

“The Prime Minister is to this day resisting and opposing the opening of an investigation on the Panama Papers revelations, and the allegations that the Prime Minister's wife owned a company in Panama,” Nationalist Party MP and former PN leader Simon Busuttil, also addressing the house, said, to applause from the Opposition’s side and loud disagreement on the governnment’s side, as more commotion broke out.

Democratic Party MP Marlene Farrugia, addressing the House, said that what was being discussed today was a result of an investigative journalist having been murdered under Joseph Muscat’s administration.

Caruana Galizia had written about hidden assets in certain jurisdictions which caused serious doubts about what the government was doing with the country’s money, she said.

“An election was called a year early because of the confusion which the Prime Minister had, and still has, in Castille,” she maintained.

“Just because three people were arraigned in court does not mean that the killer has been caught. The murderer – the person who commissioned the three accused – is still roaming the streets as a free man.”

Turning to the motion, Farrugia said that the government’s amendments completely eliminated the possibility of a serious investigation on Caruana Galizia’s claims, and that it was MPs’ duty to vote in favour of the motion as tabled by Said, and not as being amended by the government, who want it to change in such a way as to meet their ends.

Subsequently, the Prime Minister told the house that he had been lied about [when it came to claims that his wife owned the Panama company Egrant], and he had subsequently asked for an investigation about the allegations.

“I reiterate my and the government’s effort to ensure justice is done,” Muscat said.

This was followed by an impassioned speech by former PN deputy leader Beppe  Fenech Adami, who stressed that the government's amendments to the motions were meant to stop a real investigation of Caruana Galizia's allegations from taking place.

Opposition leader Adrian Delia, addressing the house towards the end of the debate, said that the rule of law implied that every person was subject to the law, including lawmakers, the police, and judges.

The motion, he said, had, in essence, been tabled in order for government officials, government departments, the police corps, and the FIAU – all of which were the subject of Caruana Galizia’s claims – to be investigated.

 “I did not hear anyone in this House, from either side, explain with which part of the original motion as tabled by Said they did not agree. I would thus vote in favour of the motion as tabled by Said, as I have nothing to hide,” he said.

Chris Said's motion

The motion, which was filed on October 31, requests that that the Prime Minister appoint an inquiry board, in accordance with the Inquiries Act, led by three retired judges 'known for their integrity and honesty', and agreed upon by a two-thirds majority in parliament, with one judge serving as the board's chairman.

The board would be tasked with:

1. Investigating the behaviour of public officials and officials employed with any entity established at law, in light of the allegations made towards them by Daphne Caruana Galizia
2. Investigating the leadership of every government department or any entity established at law, including but not limited to the Police Corps, the Office of the Attorney General, the Financial Intelligence Analysis Unit, and others, in light of the allegations made towards them by Daphne Caruana Galizia
3. Examining everything else falling under the functions or responsibility of any department or entity, that is related to, or impacts, government services, in light of the allegations made towards them by Daphne Caruana Galizia
4. Determining which acts of corruption, abuse of power or other crimes were committed by the aforementioned individuals, and any shortcomings committed by these individuals and entities in carrying out their duties according to law
5. Making recommendations deemed necessary and opportune based on the conclusions of the board

The motion can be viewed here.