With reference to the article on today’s issue of “The Malta Independent” wherein it was stated that Mme de Talance` has concluded her inquiry regarding the Erika incident “by issuing charges against nineteen persons”, the Ministry for Competitiveness and Communications would like to state that the article contains serious misreporting.

Indeed, lawyers engaged by government and the Malta Maritime Authority in France have informed the Ministry that what they received is merely a notification from the inquiring magistrate that Mme de Talance’ intends to conclude the inquiry.

All the parties investigated now have a period of twenty days during which they may ask for further investigations to be carried out.

At the termination of this period, the Inquiring Judge will transmit the whole file to the Prosecutor for his legal opinion.

The Inquiring Judge generally waits for the Prosecutor’s advice before declaring the conclusion of the inquiry, though if the Prosecutor fails to deliver his opinion within a period of three months, the Judge would have the possibility of issuing an order for the conclusion of the inquiry.

One has to note that the Judge is not bound to follow the Prosecutor’s advice, and may freely decide to order

· The commencement of a trial against the parties investigated or

· Discontinuance of proceedings against the investigated parties, if such parties cannot or should not be put to trial.

Once the inquiry is closed, the Judge will inform the Prosecutor of her decision and transmit the file back to the Prosecutor who will put the matter before the competent courts. It is only then that charges will be issued against the accused, who will be notified with the date of the Tribunal sitting.

The Ministry would also like to point out that back in December 2003froceedings were filed before “Chambre d’Istruction” alleging nullitiy of the proceedings against MMA and Mr. Vassallo.

These proceedings are proceeding in parallel with the inquiry, and the French lawyers informed the Ministry that it is probable that the “Chambre d’Istruction” will intervene before MMA and Mr Vassallo are charged.

If the Chamber upholds this plea, this would exclude the possibility of any charge against MMA and Mr Vassallo.