The Malta Independent 16 December 2017, Saturday

Beyond the Strasbourg debate

Carmel Cacopardo Tuesday, 21 November 2017, 08:37 Last update: about 24 days ago

Last week’s debate in the European Parliament on the rule of law in Malta revealed that all the political parties are preoccupied with the matter and the assassination of Daphne Caruana Galizia has made a bad situation worse.

This preoccupation has not developed overnight, it has accumulated over time. The appointment of various Commissioners of Police and their subsequent resignation for a variety of reasons has not been helpful: it has reinforced the perception that ‘all is not well in the state of Denmark’.

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The Financial Intelligence Analysis Unit reports received by the Commissioner of Police, and in respect of which no investigation has been carried out, sent out one clear message: in this country, some people are clearly not subject to the rule of law. Can anyone be blamed if this message – sent by the Commissioner of Police – was clearly understood by one and all?

This transmits an additional clear message: the authorities are in cahoots; they are scratching each other’s back. Even though the reality may be different, this is the message that has gone through.

Unfortunately, some people may be cashing in on these developments and, as a result, increasing exponentially the lack of trust in public authorities in Malta. This is a very dangerous development and calls for responsible action on the part of one and all, primarily political parties. Speaking out publicly about these developments is justified, notwithstanding the continuous insults which keep being levelled against such a stand. It is time to stand up and be counted.

The Prime Minister erred when he did not dismiss Minister Konrad Mizzi and Chief of Staff at the OPM Keith Schembri on the spot, after it was clear that their names featured prominently in the Panama Papers. This serious error by the Prime Minister triggered a debate on the matter in the Labour Party. Some even had the courage to speak publicly: Evarist Bartolo and Godfrey Farrugia did so. Others participated actively in the internal debates within the Labour Party, in particular during meetings of the Parliamentary Group. Last year, the media mentioned various Labour MPs as having been vociferous in internal debates on the matter: it was reported that former Deputy Prime Minister Louis Grech and senior Ministers Leo Brincat, Edward Scicluna and George Vella took the lead.

Even former Labour Leader Alfred Sant made public declarations in support of required resignations. This week, Sant sought to change his tune in a hysterical contribution to the Strasbourg debate. Others have preferred silence.

The Prime Minister’s erroneous position in refusing to fire Konrad Mizzi and Keith Schembri has been a major contributor to the present state of affairs.

The murder of Daphne Caruana Galizia has made matters worse and has, justifiably, led to the current preoccupation with the question of whether the rule of law is still effective in Malta at all.

Unfortunately some individuals begin linking all the incidents together – in the process, weaving a story that is quite different from reality, at least that which is known so far. Some claim to be able to join the dots, thereby creating a narrative unknown to the rest of us, because the dots can be joined in many different ways.

Mistakes made during the initial stages of the investigation into the Daphne Caruana Galizia murder further reinforce the perceptions that all is not well. When Magistrate Consuelo Scerri Herrera took quite some time to realise that it was not right for her to lead the investigation into the murder of a journalist who had been the prime mover in torpedoing her elevation to the position of Judge in the Superior Courts, everyone was shocked.

Even the failure of Deputy Police Commissioner Silvio Valetta to realise that for him to lead the police investigation into Daphne Caruana Galizia’s murder could dent the credibility of the police investigation in view of his marriage to a Cabinet Minister was another serious mistake. This is no reflection on the couple’s integrity, but an ethical consideration that should have been taken into account in the first seconds of the investigation.

In this context, the comments of European Commission Senior Vice President Frans Timmermans assume greater importance: “Let the investigation run its full course. What is not on is to start with a conclusion and look for facts to support that conclusion.”

It is reasonable that all of us are seriously preoccupied. The present state of affairs did not develop overnight and it requires the concerted efforts of all of us for it to be put right.

 

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