Fearne, Cutajar return to Cabinet an ‘abandonment’ of accountability, Repubblika says

Repubblika condemned Prime Minister Robert Abela’s choice to appoint Chris Fearne and Rosianne Cutajar to Cabinet despite the corruption scandals that led to both of them to resign from government.

Abela’s decision shows that loyalty to political allies takes precedence over justice and accountability, Repubblika said, describing the “deeply troubling” situation which continues to allow ministers to lead amidst unresolved questions of serious criminal or ethical conduct.

“Members of parliament are elected by the people. Ministers are not. The decision to appoint ministers is exclusively the prime minister’s, who alone bears political responsibility for these choices,” Repubblika said.

On Wednesday evening, Abela announced his new Cabinet, which sees Fearne and Cutajar return as ministers responsible for foreign affairs and equality, respectively. The NGO claimed that the decision goes beyond two individuals as it once again affirms Malta's persistent weakness in its rule of law and its resistance to uphold the basic standards of democratic accountability.

Chris Fearne resigned as deputy prime minister in May 2024 after being charged for fraud in connection with the Vitals hospitals scandal. Fearne is among several former senior public officials charged in connection with alleged corruption linked to the Vitals hospitals scandal, alongside Joseph Muscat, Konrad Mizzi, Keith Schembri and Edward Scicluna.

Fearne’s decision to resign upheld the democratic principle that a government minister cannot exercise public authority while facing criminal charges directly linked to his public office, Repubblika said. 

While noting that Fearne remains innocent until proven guilty, Repubblika pointed out that the criminal proceedings against him have not been withdrawn. It said the Maltese State is still pursuing fraud charges against Fearne, implying that the grounds for his resignation remain unchanged.

Repubblika said the government’s decision to treat the charges against Fearne as politically irrelevant invites the public to dismiss the seriousness of the proceedings against the other accused, while effectively placing pressure on the judicial process and undermining confidence in the institutions involved.

“If the government is convinced of Fearne’s innocence, why is the prosecution ongoing?” Repubblika pressed. “If Prime Minister Robert Abela disagrees with the Attorney General and prosecuting authorities, on what basis is he substituting his judgement for that of the constitutional institutions responsible for enforcing criminal law?”

Rosianne Cutajar resigned from government in 2023 after the Standards Commissioner raised serious concerns about her conduct, including her links to figures implicated in major corruption scandals. The decision came in the wake of the publication of damning WhatsApp exchanges between Cutajar and murder suspect Yorgen Fenech from 2019. In one exchange, Cutajar told Fenech she would seek a consultancy with the Institute for Tourism Studies to emulate everyone else, presumably from the PL, who was acting like a pig at the trough. She did in fact get an ITS consultancy.

At the time, the prime minister accepted that her position in government was not compatible with the standards of conduct expected from a member of Cabinet. As with Fearne, Repubblika said the ethical concerns that led to Cutajar’s resignation from government remain unresolved and cannot be dismissed simply because time has passed.

It also maintained that Abela cannot justify the appointments on the basis of electoral success, arguing that if the circumstances surrounding Fearne and Cutajar were serious enough to force their resignations, they remain serious enough to preclude their return to Cabinet.

“If those standards no longer apply, the prime minister must explain what has changed. If nothing has changed, these appointments can only be understood as an abandonment of the principles that the government itself had accepted,” Repubblika concluded.