Daphne Caruana Galizia Foundation: ‘Legal reforms should serve justice not impunity’

After Prime Minister’s calls for reform in magisterial inquiries Daphne Caruana Galizia Foundation says legal reforms must serve justice and enforce accountability for the abuse of power, and not shore up the state of impunity that enabled the assassination of a journalist

Court (Photo: James Bianchi/MaltaToday)
Court (Photo: James Bianchi/MaltaToday)

The Daphne Caruana Galizia Foundation said legal reforms must serve justice and enforce accountability for the abuse of power, and not shore up the state of impunity that enabled the assassination of a journalist.

“The Prime Minister has claimed magisterial inquiries are leading to people facing the “calvary” of court proceedings and then found to be innocent, and the Justice Minister has attempted to table a draft law to amend the Criminal Code. Yet, Robert Abela’s claim is manifestly false as magisterial inquiries over the past decade have all independently concluded with recommendations for criminal action,” the foundation said.

On Tuesday government tabled the First Reading of a Bill aimed at reforming magisterial inquiries. No details of the amendments have yet been made public, but it is understood that government wishes to amend the accessibility for ordinary citizens to request a magisterial inquiry.

“Malta’s Criminal Code empowers magistrates to initiate an inquiry on receipt of a report of a criminal offence whose penalty is a prison term of more than three years. As the law stands today, it implicitly allows a citizen to file a criminal complaint in court that can lead to a magisterial inquiry to preserve evidence of crime. Removing citizens’ right to request a magisterial inquiry – as the Government has implied its new proposed law will do - would eliminate the only tool that allows us to pursue accountability when State systems fail to do so,” the foundation said.

They said Malta’s first ever prosecutions of “high-level corruption” - in the fraudulent Vitals/Steward hospitals privatisation deal and, shortly, in the case involving the offshore company, 17 Black, owned by Yorgen Fenech - stem from magisterial inquiries triggered when individuals filed a criminal complaint in court.

“Criminal complaints filed by individuals have triggered the opening of magisterial inquiries involving suspected high-level corruption or financial crime, including the Vitals/Steward case, the offshore companies 17 Black and Macbridge; Panama Papers; Electrogas power station; and the wind farm in Mozura, Montenegro,” the Daphne Caruana Galizia Foundation said.