The process for the recusal of Justice Minister Edward Zammit Lewis from the standards committee debate on an ethics breach by MP Rosianne Cutajar has to be initiated by one of the committee members, Speaker Anglu Farrugia told this newspaper.
Farrugia was asked whether Zammit Lewis’ position on the committee was tenable and whether he should be replaced after more evidence of the cosy relationship he had with 17 Black owner Yorgen Fenech emerged.
Fenech is one of the parties involved in the investigation involving Rosianne Cutajar. The former Parliamentary Secretary allegedly pocketed tens of thousands of euro in a failed property deal she helped broker, in which Fenech was the prospective buyer. The Qormi politician allegedly also received some €9,000 from Fenech as a gift.
The Malta Independent reached out to the Speaker after recent media reports that shed new light on the close relationship the Justice Minister – one of two government MPs on the standards committee – had with Yorgen Fenech.
The Speaker told this newsroom that, while he chairs the committee, he is an ex-ufficio member and, according to Parliamentary rules, he cannot take a position on this matter on his own initiative.
He said that any of the committee members – there are two government and two Opposition MPs – can request a debate or file a motion in this regard, and a debate would then be held on the issue.
“One of the members could raise the issue, as was the case a few months back when the committee was discussing a complaint made by [Repubblika president] Robert Aquilina, who is the brother of Karol Aquilina.” He noted that the PN MP had, after a civil discussion, accepted to recuse himself from that particular debate, given the conflict of interest.
“If such a request is made by one of the committee members, we will have to see how the issue develops,” Farrugia said, adding that he would have no trouble stepping in if a ruling was requested or if he was asked to take a position at that stage.
“According to parliamentary regulations, the chairman does not have the authority to just change the composition of a committee. That can only happen after a discussion takes place.”
Ethics committee delay
Meanwhile, Farrugia was also asked why the last meeting of the standards committee was held over four weeks ago. During the last meeting, held on 29 July, the committee voted to summon Tax Commissioner Marvin Gaerty to testify.
Asked why the committee was taking so long to hold another meeting, Farrugia said he had asked the Tax Commissioner to appear before the committee in the second week of August, but Gaerty’s office had written back, asking for the committee’s request to be more “specific.”
Farrugia said he had communicated this with the four member MPs and had proposed how to reply to Gaerty, but said none of the MPs had replied so far. “I understand that people might be on holiday right now, but the fact of the matter is that no one got back to me. Once they do, I will be able to proceed and the Tax Commissioner will be able to appear before the committee.” The tax department is understood to be carrying out its own investigation into the failed property deal from which Rosianne Cutajar allegedly pocketed a €46,000 brokerage fee. A similar amount was paid to her associate Charles Farrugia ‘it-Tikka’ by the would-be seller, Joseph Camilleri. The latter is now demanding a refund after the deal fell through following Yorgen
Fenech’s 2019 arrest in connection with the murder of Daphne Caruana Galizia. Fenech had wanted to buy the Mdina property, which was worth over €3 million.
Cutajar, who lost her Cabinet post in February of this year, denies taking the funds. Charles Farrugia recently said he had pocketed the entire amount, in an apparent bid to take the fall for Cutajar.