Repubblika files judicial protest over inquiry reform bill, says it breaches constitution

NGO Repubblika has filed a judicial protest claiming government’s magisterial inquiry reform breaches Malta’s constitution, European Union law and citizens' rights.

The NGO argued the current magisterial inquiry system is crucial in a country which has seen the police fail to act on corruption crimes.

On Wednesday the magisterial inquiry reform bill cleared Second Reading stage. Government MPs voted in favour, and all Opposition MPs voted against.

Under the proposed rules, ordinary citizens will have to file a police report first and only after six months can the person ask the Criminal Court to examine at what stage the police investigation has arrived. The judge presiding over the criminal court will hear the police behind closed doors, the person filing the request and the suspect.

Repubblika argued criminal proceedings over the hospitals deal against former prime minister Joseph Muscat, his chief of staff Keith Schembri and former minister Konrad Mizzi, would never have happened had the current magisterial inquiry system not been in place.

It also made reference to ongoing corruption proceedings linked to Allied Newspaper, the Vitals hospitals deal and the Electrogas scandal.

Citing EU law that member states are obliged to safeguard the rule of law, and follow non-regression principles, the NGO argued this means laws which weaken the rule of law cannot be introduced.

The proposed amendment, the NGO argued, breaches all these points. It stated the country’s constitution clearly states that parliament must create laws that adhere to European Law, therefore, leading the bill to be in breach of the constitution as well.

The judicial protest was authored by lawyer Jason Azzopardi.

Reacting to the move, the Labour Party dubbed Repubblika "extremist" and said their intention is to use the tools of justice to commit injustices against Maltese people.

"They want any type of allegation, whatever it is and wherever it is made, as Bernard Grech confirmed yesterday, to be used to wreak havoc to peoples lives," the party said in a statement.

The party said Repubblika wants people to take their allegations to the magistrate for investigation, instead of to the police. "But then, when the judiciary decides the opposite of what they want, they attack it mercilessly, as they have done in the past few hours. The author of the judicial protest is none other than Jason Azzopardi, the same person who, a few hours ago, launched an unprecedented attack on two magistrates."