Special anti-corruption magistrate proposed in raft of PN reforms on graft

The Nationalist Party has authored a Bill to introduce a Special Inquiring Magistrate to investigate corrupt practices and take criminal procedures against persons for corrupt practices.

The proposal forms part of a swathe of anti-mafia style laws to create an office of anti-corruption investigators.

The Bill also introduces an “allegation of unlawful influence” as a crime, punishing those who offer their services to others in a bid to procure the favours of a public officer, in a manner that would constitute a corrupt practice, with a conviction of up to nine months’ imprisonment.

The role of Special Inquiring Magistrate will be hived off exclusively to a sitting court magistrate, whose sole job will be a six-year tenure to investigate corrupt practices only.

The Special Inquiring Magistrate will not, during this period, be removed from such duties or be assigned to other duties unless he eases to be a magistrate.

The special magistrate will carry out inquiries and investigations, reporting to the Speaker of the House, and take criminal action on corrupt practices.

If the special magistrate refuses to institute proceedings, persons who filed a report will be empowered to petition to the Criminal Court to order the Special Inquiring Magistrate to institute proceedings.

The special magistrate will also be assigned an office of investigators by the justice ministry, apart from having the assistance of the police in the conduct of investigations.

The special magistrate will also be able to initiate investigations on his own initiative.

Persons who refuse to comply when summonsed by the special magistrate will face fines and prison terms of up to three months.

The special magistrate’s report of the investigation will be transmitted together with a copy of transcripts to the Speaker of the House, which will also be laid on the table of the House when the magistrate concludes there is enough evidence to support a prosecution for corrupt practices. Charges will then be drawn up by the Commissioner of the Police.

If a report concerning any corrupt practice is made to the police, they shall transmit the same to the Special Inquiring Magistrate; any ongoing corruption investigations by the police will also be continued by the special magistrate.

The Bill includes pardons that may be granted by the President of Malta.

The President may “if acting in accordance with his own deliberate judgement he is satisfied of the advisability so to do” issue a certificate in writing exempting any person from any criminal proceedings, on condition that such person gives evidence according to law of all the facts known to him relating to any corrupt practice.

Such exemptions can only take place after a request to that effect by the Special Inquiring Magistrate.