[WATCH] Zammit Lewis defends decision to withhold inquiry terms of reference

Zammit Lewis speaks on judicial reforms and Mercieca inquiry

Edward Zammit Lewis has defended the decision not to publish the terms of reference of an inquiry on the revolving door case involving a former prosecuting lawyer.

The Justice Minister said publishing the terms of reference could prejudge the inquiry’s findings because they would give the individual concerned a view of what will be probed.

The case involves lawyer Charles Mercieca who created a stir when less than 24 hours after resigning from the Attorney General’s office, appeared in court as part of Yorgen Fenech’s defence team.

Fenech stands accused of masterminding the murder of journalist Daphne Caruana Galizia.

“I can assure everyone that the terms of reference are wide enough to take on board all the criticism and concerns raised in Malta and abroad,” Zammit Lewis told MaltaToday.

The minister had described Mercieca’s actions as “insensitive” when the case first cropped up.

After serious concerns were raised in Malta and abroad as to whether the young lawyer may have had access to sensitive information on the Fenech case, the minister ordered an inquiry.

Former chief justice Joseph Azzopardi was tasked with leading the inquiry but the terms of reference were not published. He has been asked to finalise the inquiry by the end of June.

The Opposition has asked for the terms to be made public before passing judgement on the government’s actions.

Judicial reform proposals

Asked about the judicial reform proposals sent to the Venice Commission, Zammit Lewis said the government intends to consult on the matter “under the auspices of the Venice Commission”.

He said speed was of essence to kick-start the process because it was important to send the message that Malta wanted to strengthen the rule of law.

“A wide consultation process under the auspices of the Venice Commission will take place… but at some point, a decision will be taken and reforms introduced as quickly as possible,” he added.

The government this week published the letter it sent the Venice Commission with an outline of the key constitutional and legal reforms it intends to implement in line with recommendations it had received from the Council of Europe body.

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