NGO Repubblika this morning said it was "deeply disturbed" that the family of Daphne Caruana Galizia has not been consulted about the composition of the inquiry, and took aim at the composition oif its board.

"The consequences of this," the NGO said, "are as grave as they ought to have been predicatable."

While the NGO said it would cast no doubt on Prof Refalo's legal competence, it said that is not the only requirement for suitability for this inquiry. 

"Another requirement is impartiality, which Professor Refalo cannot have. He represents the FIAU, the reputation of which has been utterly destroyed by Daphne Caruana Galizia's formidable journalism. She has exposed that agency's ineptitude or wilful reluctance in fighting against pervasive money laundering and has forced the agency to buckle under the scrutiny of the European Banking Authority and other international agencies and institutions."

The NGO observes how, in the meantime, Professor Refalo also represents the FIAU in the case raised by Jonathan Ferris, himself a whistleblower but unrecognised as such by the government and for likely identical reasons unfairly dismissed by Professor Refalo's client agency. Jonathan Ferris is a key witness in matters raised by Daphne Caruana Galizia in her journalism and that could be connected with her assassination.

Moreoever, Prof Refalo also counts among his clients Adrian Hillman, whose allegedly corrupt relationship with the prime minister's chief of staff Keith Schembri was exposed by Caruana Galizia. 

They also point out how Refalo's portfolio of clients includes Technoline, the firm accused of suspect transactions in the privatisation of the hospitals and that is believed to have direct connections with the interests of the prime minister's chief of staff Keith Schembri.

As far as Anthony Abela Medici is concerned, the NGO observed that "his expertise appears to be only marginally relevant to the inquiry." 

"He is also Commissioner for the Voluntary Sector, a position granted by the government without security of tenure. He serves quite literally at the pleasure of Prime Minister Joseph Muscat and while he is at his mercy, he cannot be considered in any way independent, let alone impartial."

As for the leader of the board, Repubblika described him as a "an odd choice given the government's nauseating repetition for the past two years right up to yesterday's announcement, that there must be no cross-contamination between the present public inquiry and the criminal investigations the government insists are still ongoing in this case."

They said how Judge Mallia has been tasked with assessing and investigating the content of Daphne Caruana Galizia's work computer and is therefore part of the ongoing criminal investigations, such as they are.

"His involvement in both inquiries is conflicted and by the rules of engagement set out by the government itself yesterday, a paralysis for the proper conduct of either inquiry."

The NGO said it was "unhappy the government took almost two years to call this public inquiry and has done so only after international outrage and the certain prospect of a third condemnation in the courts for the breach of the Caruana Galizia family's fundamental human rights."

"The lack of consultation shows, moreover, that no attempt is being made to ensure that the inquiry is genuinely independent and that it allows for justice to be served and to be seen to be served."

"Relatives of victims of any murder, let alone relatives of an assassinated journalist, deserve far better treatment by the state than what is being meted out to the family of Daphne Caruana Galizia. In these two years, no liaison officer was appointed by the police, no briefings were given by the prosecutor's office and no communication was held except over the prime minister's public utterrances about how the state was ensuring justice after this assassination."

It also urged the government to take the family's offer to meet to discuss the board's composition, "if its intentions are genuine which, judging by the Prime Minister's remarks about the victim's family yesterday is something that is in serious doubt."

 

Government replies

The government said it has “taken note” of comments made on the persons occupying the role of Chairperson and Members of the independent public inquiry appointed on Friday by the Prime Minister, noting that “no criticism was made with regards to the terms of reference”.

It explained that, “With regards to Mr Justice Emeritus Michael Mallia’s role as court-appointed expert in the compilation of evidence proceedings following the murder of Daphne Caruana Galizia, this does not interfere with his role as Chairperson of the Inquiry.  In fact, Mr Justice Mallia was appointed as expert upon the consent of all parties involved.”

On Professor Ian Refalo’s appointment, the government noted it this was criticised “solely due to his role as a professional lawyer.  The right to access to a lawyer and the right of a lawyer to practice his or her profession are cornerstones of the rule of law, and this does not impede a lawyer’s judgement.  

“Professor Refalo is well known for his integrity and is a point of reference for the legal profession in Malta.  That being said, lawyers are governed by a Code of Ethics.”

As far as the current role of Dr Anthony Abela Medici as Commissioner for NGOs is concerned, the government said, “It has to be stated the Voluntary Organisations Act provides for important safeguards of security of tenure for this post.  Therefore, the claim that the Commissioner for NGOs is dependent on government is incorrect.”