An open letter to the prime minister

Dear prime minister, 

The Yorgen Fenech trial by jury brought to light several institutional weaknesses, including the manner by which people in public positions interact with businesspersons. The trial left many wondering whether the problems flagged were the result of genuine individual incompetence or a system genuinely intended to be incompetent thus making it hard to determine whether wrongdoing was accidental or malicious. In any case, incompetence can always serve as a convenient pretext for those who have an intention to perpetrate abuse. 

The copious evidence and witness testimony that emerged throughout the trial also exposed dangerous connections between people in power, high-ranking police officers, criminals, wealthy individuals and public officials. This network was responsible, directly and indirectly, for the assassination of Daphne Caruana Galizia. Yet, the trial also showed the limitations of Malta’s legal regime when dealing with such complex crimes. And let us call this web by its name—the mafia. 

This open letter is not a call related to the trial and its outcome. There is a pending appeal expected to be filed and that decision will play out in court. This letter does not seek your intervention in the judicial process. 

This open letter is a call for reform; the change this country needs to smash the obscure power structures that corrupt and undermine society’s wellbeing. This is a call for justice and action against criminal networks and political-business collusion. It is a call for a national effort to strengthen democracy. 

It would be a big mistake to sweep aside the message that came out of the solidarity protest in Valletta last week and label it another anti-Labour crusade. It was not. 

The outcome of the Fenech jury has left a sour taste across the political divide because justice for Daphne’s family remains elusive just as it has remained elusive for the relatives of Karen Grech, Raymond Caruana and many other murder victims. The failures to bring about justice in these cases are the state’s failures, which makes it pertinent for those in power to have a long hard look at what needs to be done to change things for the better. 

Dear prime minister, you do not have to re-invent the wheel. A lot of the needed reforms have been spelt out over the years by different actors. Some of the reforms were indeed enacted by the post-2013 Labour administrations, such as the political party financing law, but have over time been found to be lacking. 

In other aspects, our Criminal Code lacks the necessary tools to allow the police to investigate and prosecute certain crimes. 

The recommendations of the Daphne Caruana Galizia Public Inquiry offer a solid basis from which to start but by no means are they the be all and end all. We urge you to set up a working group of experts, spearheaded by Justice Minister Clifton Grima and which will include Opposition justice spokesperson Joe Giglio, to discuss a package of legal and administrative reforms that could be presented for public consultation and ultimately enacted in parliament. 

The Opposition has already said it will be presenting an omnibus bill to this effect, so, we presume, that if the working group is set up in good faith and with a clear mandate to deliver a package of reforms in a short period, the Opposition will be willing to play ball. 

Dear prime minister, on the 62nd anniversary of Malta’s independence, you have the chance to deliver meaningful change to ensure the country’s institutions act independently, transparently and with accountability. You have the chance to deliver reforms that offer greater protection to journalists. You have the chance to ensure the state has the right tools to go after the mafia. You have the chance to ensure politicians and people in power are truly accountable for their actions. These reforms will not deliver justice for Daphne Caruana Galizia’a family but they will ensure her death was not in vain. 

Dear prime minister, we urge you to rise above petty partisan politics and be a statesman. Do what is right for this country at this critical juncture that has exposed an ugly façade of this country of ours. This is not the time to paint over the cracks. It is time to dismantle the fractured façade and rebuild it afresh. 

In the words of your parliamentary Whip, Naomi Cachia: “A journalist murdered for her work cannot become a victim for a second time through complacency, resignation, or forgetfulness.” 

We urge you, dear prime minister, to move forward with meaningful reforms in a spirit of genuine collaboration. This is not about being Labour or Nationalist but about being Maltese first and foremost. This is what people of goodwill are calling for.