Law students accuse Abela of prejudicing the judicial process in Sofia’s death investigation

Għaqda Studenti tal-Liġi expressed concerns about the Prime Minister's insistence on the Chief Justice to urge the Magistrate overseeing the inquiry into the death of Jean Paul Sofia to conclude the investigation promptly.

“It is the judiciary which determines judicial proceedings, having regard to the quality of justice, not the quantity. The Prime Minister's comments attempt to prejudice the delicate and meticulous process of collection and preservation of evidence,” the organisation said on Friday.

In an exclusive interview with MaltaToday, Abela revealed that a complaint had been filed by the law students organisation at the University of Malta, against him.

The complaint, which was filed on 22 February 2023, was never made public, but after the interview, GħSL decided to release the full complaint "in the interest of transparency." 

“The association initially refrained from publishing the complaint to avoid unnecessary media attention,” the organisation explained.

The crux of GħSL's initial complaint revolves around comments made by the Prime Minister in the media, which, according to the association, undermine the independence of the judiciary by exerting undue pressure on it to make decisions in a specific manner.

GhSL argued that the separation of powers between the executive and the judiciary is a fundamental principle of the rule of law, and any attempts to influence the judiciary's decision-making process are of significant concern.

This issue of undue pressure on the judiciary was further highlighted by GhSL in relation to the Jean Paul Sofia case. 

During the interview with MaltaToday, the Prime Minister also admitted to sending a second letter that mirrored the first.

In his letters, he Prime Minister slamed the inquiring magistrate Marseanne Farrugia for the “totally unacceptable delays” in the magisterial inquiry.

GhSL considered this unacceptable and contradictory to the principles of the separation of powers and the independence of the judiciary.

The student organisation, emphasized its call for the Executive to respect and protect the independence of the judiciary. 

“While the executive does not have the authority to interfere in criminal proceedings, it retains the right to initiate a public inquiry aimed at examining the institutional shortcomings in the construction sector.,” GħSL said.

The organisation distinguished between the ongoing magisterial inquiry, which addresses criminal responsibility of the case, and the broader examination of institutional failures, as investigated in a public inquiry.

In their original complaint to the Standards Commissioner, the organisation recalled that all ministers ought to show respect towards institution. 

“Prime Minister Robert Abela, on several occasions, made comments that could potentially influence the individuals responsible for making decisions... the jury members are ordinary people who can also be vulnerable to such comments."

The Commissioner for Standards in Public Life is currently investigating the complaint filed by GħSL.