Jason Azzopardi claims fundamental rights breach over inquiry reform, to file constitutional case

Lawyer Jason Azzopardi announced he will be filing constitutional proceedings over what he claims are breaches to his fundamental rights following the enactment of the magisterial inquiry reform.

He told a judge on Wednesday that he anticipates that his appeal in regards to the three requests for an investigation into Gozo Minister Clint Camilleri will not be heard under the new law.

Last week parliament approved amendments to magisterial inquiry law. The reform removes the right of ordinary citizens to directly ask a magistrate for an inquiry. Instead, the individual will have to file a police report and only after six months have lapsed can the person seek recourse at the Criminal Court that will decide if a magisterial inquiry should be held.

Azzopardi cited European Human Rights case law, where the European Court of Human Rights held that laws which are specifically created with the intent to affect a specific person or case, violated the rule of law and principles of equality before the law.

He also raised procedural concerns about how the Criminal Court has handled his applications under Article 546(4A) of the Maltese Criminal Code, which is the article that allows individuals to challenge a refusal by the police to initiate a magisterial inquiry.

The law explicitly states that such matters must be treated with urgency. However, Azzopardi filed his appeals in March 2025 and by April, he had still not received a decision.

He argued that this delay constitutes a further breach of his constitutional right to a fair hearing within a reasonable time and has decided to file a constitutional case.

On Monday, lawyers representing Clint Camilleri filed an application requesting the court summon a certain John Mary Vella, a court attorney to Magistrate Brigitte Sultana, to testify.

This application was filed at the eleventh hour, just before the hearing of the appeal request filed by lawyer Jason Azzopardi was set to be heard on Wednesday afternoon.

Submissions by both parties were made in order to see whether this court attorney is indispensable or not to the conclusion of the appeal.

According to Azzopardi, the filing of the request at the eleventh hour is a “clear delay tactic”, since the minister was aware of the appeal since the beginning of March but still decided to file the request on the eve of the sitting.

He implied in court the request had been filed to delay the appeal in an effort to render it irrelevant once the amended law is signed by the President Myriam Spiteri Debono. He therefore objected to the witness’ testimony.

Azzopardi also noted that the witnesses’ identity as a court attorney is not a public one, raising several concerns as to how Minister Camilleri became aware of this information.

The case has been adjourned to 15 April.