PN says reform will deprive people of the right to initiate magisterial inquiries

The Nationalist Party has condemned the government’s proposed legal amendments that would strip citizens of the right to initiate magisterial inquiries.

According to the PN, these changes represent a direct assault on judicial independence and accountability.

Under the proposed reforms, the decision on whether an inquiry should take place would be transferred from magistrates to the police commissioner, effectively shifting judicial power into the hands of law enforcement.

The Nationalist Party said this move amounts to a vote of no confidence in Malta’s magistrates. It warned that such a shift undermines transparency in legal proceedings and could shield corrupt officials from scrutiny.

A key concern raised by the PN is the significant increase in the threshold of proof required to initiate a magisterial inquiry. Currently, an inquiry can be opened based on prima facie evidence, which falls between possible and probable cause. However, the proposed changes would raise this threshold to a balance of probabilities, making it harder to trigger an inquiry.

The PN also criticised the government for refusing to publish the full details of the draft law. Despite a press conference by Abela and Attard, the Opposition has accused the government of withholding crucial information from the public to prevent scrutiny of its proposed legal alterations.

The PN vowed to resist the government’s plans through all available avenues, including parliamentary debates, legal action, and public demonstrations.

The party argued that the changes serve to consolidate power within the Government, shielding officials from accountability and reducing the judiciary’s role in investigating allegations of misconduct.

The PN also warned that the proposal effectively forces private citizens to conduct their own investigations, collect evidence, and present it to the authorities—duties that traditionally fall within the magistrates’ remit. This, the Opposition argues, represents a grave misstep in legal reform that could weaken the rule of law in Malta.

The PN framed the proposed changes as an attempt by the government to evade scrutiny, particularly in light of previous corruption scandals involving high-ranking officials. It said that only those who have engaged in corrupt or criminal behavior have any reason to fear robust judicial oversight.

‘There would have been no Vitals inquiry under new law’

Former MP Jason Azzopardi, who had requested magisterial inquiries into 17 Black, Vitals and the Panama Papers, said none of those inquiries would have seen the light of day under this new law.

“[It is] an absolute vote of no confidence in the judiciary, as now you must first go to Angelo Gafa and wait six months,” he said.

Azzopardi added that six months is ample time for criminals to delete traces of the crime being reported.

“In reality and in practice, [Abela] has effectively removed the right to request an inquiry.

Magisterial inquiries reform

Individuals will no longer be able to ask for a magisterial inquiry by filing a direct request with a magistrate, according to a proposed government reform.

Under the proposed rules, ordinary citizens will have to file a police report first and only after six months can the person ask the Criminal Court to examine at what stage the police investigation has arrived. The judge presiding over the Criminal Court will hear the police behind closed doors, the person filing the request and the suspect.

At this stage, the Criminal Court will decide whether the police should continue with their investigation, with the possibility of giving them a term to conclude it, whether proceedings should stop, or order the police to request a magisterial inquiry as originally requested by the person who filed the report. The court will make its decision on the balance of probability.

'A reign of delinquency'

Robert Aquilina, the president of Fondazione Falcone's Malta branch, said Abela is “proclaiming a reign of delinquency” by reforming the way magisterial inquiries are opened.

“With his reform on inquiries, Robert Abela is removing effective power from the Courts and placing it in the hands of Anġlu Gafà and Victoria Buttigieg, allowing them to completely shut the doors of justice to the honest citizen. This is fascism. This is anti-democratic,” he said.