Former state prosecutor says decision not to insist on jail for fraudster was correct

The former state prosecutor who appeared by the side of colleagues from the defence team of Yorgen Fenech – accused of masterminding the Caruana Galizia assassination – was appointed as a legal advisor to the Maltese fisheries department.

Charles Mercieca, son of a former Labour MP, was accepted as an advisor after having previously worked inside the office of the Attorney General, as a trainee lawyer, on a criminal case filed in April against two tuna ranchers accused of breaching ICCAT tuna quotas.

Mercieca today insisted that a volley of allegations by Nationalist MP Jason Azzopardi in the House of Representatives – namely that he accepted a reduced sentence for a convicted fraudster formerly employed by the same fisheries department – had nothing to do with his subsequent engagement.

Mercieca’s departure from the AG, where he paid his leave so that he could appear by the side of Yorgen Fenech a mere 24 hours later, has now become the subject of a government inquiry led by former Chief Justice Joseph Azzopardi. Mercieca had appeared on a constitutional case filed by Fenech against the Public Health Superintendent, alongside defence lawyer Gianluca Caruana Curran.

Mercieca today accused Jason Azzopardi, a lawyer to the Caruana Galizia family, of carrying out a “deplorable” and “personal attack” on him, by resting on his parliamentary privilege.

“[This] forum that should not be used to attack private individuals and to gratify what appears to be his private ego, agenda and interests.”

Azzopardi claims that Mercieca did not consult the Attorney General when, in an appeal filed by former fisheries employee Francis Caruana – convicted of fraud and sentenced to four years in jail – he did not insist on the prison sentence, allowing Caruana to have his sentence converted to a three-year probation order. Azzopardi further alleged that Mercieca was a frequent visitor at the house of the presiding judge, Consuelo Scerri Herrera, as the friend of her son, also a lawyer.

In comments to MaltaToday, Attorney General Peter Grech would not confirm whether any such legal advice on sentence bargaining had to be first confirmed by a superior. “Given that your questions concern communications within, and workings of the prosecution, it is not appropriate for me to comment.”

Mercieca has insisted that he was not obliged to seek consent from the AG.

“Dr Azzopardi tried to smear my name in court by interjecting in a case which he was not party to in order to possibly gain media coverage. He persists in acting in an unprofessional and immature manner in a bid to advance his own personal ends.

“My representations regarding punishment were made in open court and were based on valid considerations, amongst which was a social inquiry report prepared by a probation officer which advised against a prison sentence being given to an elderly man, who had incidentally repaid the amount of money complained of and was given a combined penalty of a €100,000.

“This was solely my responsibility – as is standard practice – and I was not in any way expected to refer or consult the Attorney General. The allegation that I went behind the Attorney General’s back is therefore completely unfounded.”

Mercieca has insisted he has performed his duties with diligence and correctness. “I followed all the procedures set by the Attorney General’s Office and my conduct had never been put into question. This concerted character assassination campaign aimed at smearing my reputation is simply not acceptable and I shall be referring the matter to the competent authorities.”

Accusations

In 2014, Francis Caruana, now 60, was charged with money laundering, extortion, misappropriation and fraud to the detriment of the Fisheries department, after discrepancies were flagged up during internal audits. After admitting to the charges, his four-year prison sentence last week was reduced to three years of probation on appeal.

Jason Azzopardi said in parliament this was a “judicial scandal”.

In the appeal decision handed down on 15 May, the judge observed that there was no insistence on an effective prison term by the Attorney General at the appeal stage – also adding that society would “derive no protection” from the man’s incarceration, since he should keep up with his repayments to his victims.

“This declaration is crucial,” Azzopardi said in the House. “It shows that during appeals stage, there was sentence bargaining between the AG’s official and the accused.”

Azzopardi insisted that no such bargain can be made without first informing and having the approval of the Attorney General or the deputy AG themselves. “Mr Speaker I am in a position to reveal that Charles Mercieca, who just a few days ago left the state prosecutor to join the Yorgen Fenech defence, made this sentence bargaining behind the back of the AG. They were not informed, when he was obliged to.”