Justice cannot be based on suppositions, Justice Minister Clifton Grima tells EU

Justice Minister Clifton Grima has defended the independence of Malta's courts and argued that justice cannot be based on suppositions but must rest on evidence established through law.

His remarks come days after European Commission President Ursula von der Leyen told MEPs there must be no impunity for Daphne Caruana Galizia's murder, and he said he agreed with that principle but also drew a distinction.

Grima observed that von der Leyen had said there should not be impunity in the murder of Daphne Caruana Galizia. He agreed, but said justice could not be based only on suppositions. Grima stressed that a person's guilt had to be established on the basis of evidence under the law, adding that this principle had to apply to everyone.

He pointed out that other people are already serving prison sentences for the murder. Grima said justice did not mean doing what one wanted, but letting institutions work independently according to the law and the evidence.

Grima expressed solidarity with Caruana Galizia's family and said the government had a duty to protect the right to life and deliver justice in terms of the law. He cautioned, however, that some were being selective in their view of the rule of law.

He said he was being careful not to influence current court proceedings or others that may be launched, stressing that it was not the politician's role to decide who was guilty or innocent, and that responsibility belonged to the courts.

Grima questioned recent criticism of the jury system. He asked why such arguments were hardly made before the recent verdict, referring to the acquittal of Yorgen Fenech on all charges related to the Caruana Galizia murder.

Grima said one could agree or disagree with a verdict, but one could not, simply because the verdict was not to one's liking, undermine the judicial process or the hard work of many people who safeguard it.

He called for respect for the courts to be maintained. Grima stressed that this did not mean questions should not be asked. He said one should ask whether matters could be improved, but that was different from declaring the whole system a failure.

Grima pointed to reforms undertaken over recent years. He cited the reform in judicial appointments, noting that judges are no longer appointed through political channels. He also highlighted the separation of the ministries for justice and for home affairs, and the separation of the duties of the Attorney General and the State Advocate.

The number of judges had been increased, and more resources had been allocated to them, Grima said, and this process would be continued.

Regarding the police questioning of four jurors in the Fenech trial, Grima said such investigations had to be taken seriously. However, he stressed that an investigation was not a verdict and people should not jump to conclusions before all the facts are established. Grima said that the mere fact that an issue was being investigated showed institutions were working to establish the truth and should be allowed to do so.

Grima urged caution from those claiming the judicial system was not working, saying a verdict not to one's liking did not mean the system was wrong. He stressed the difference between legitimate criticism and declaring an entire system broken without waiting for facts to be established.

"Justice does not mean doing what we wish but allowing the institutions to work independently according to the evidence and the law," Grima said on Sunday.

The government would continue to invest in the justice sector and ensure the institutions were able to work independently, Grima concluded, as that was the only way to deliver justice, respect the rule of law and serve the country.