In a legal case filed on Wednesday afternoon, Caruana challenged the constitutional validity of the law whereby she was targeted for investigation by the Standards Commissioner.

Caruana resigned as Education Minister on Wednesday, following a report by Standards Commissioner George Hyzler finding her in breach of ethics over a €15,000 contract given to her friend Daniel Bogdanovic.

Her lawyers claimed that the Standards in Public Life Act, which granted the Commissioner an “unfettered discretion from beginning to end” effectively breached her fundamental right to a fair hearing. 

Caruana said that the law lacks the safeguards necessary to ensure that an investigated person is ensured a fair hearing. She also said she was seriously preoccupied by the way in which the process was applied in her regard.

Caruana said she had been summoned to testify via a letter dated 9 August. She was told that she would be in breach of the law if she did not comply.

She testified later that month but was not shown the contents of the complaints that had triggered the investigation.

She said that she was not fully aware what the allegations were when answering the Commissioner’s questions.

Caruana also said she was given four files of evidence but was not allowed to make copies, having to make do with handwritten notes instead.  

While she was allowed to produce new witnesses, she was not allowed to cross-examine witnesses who had already testified.

She also claims she was advised that it would be in her own interest if the process was not drawn out.

Caruana also complained that Hyzler’s report was published in the media before a copy was made available to her.

If the committee were to adopt the report, she could face criminal consequences.

Caruana’s lawyers said they were challenging the validity of the process on several aspects.

These include the fact that the law regulating the Standards Commissioner’s office do not make a distinction between the Commissioner’s investigative and decision-making role, granting him “unfettered discretion”, and this in breach of the investigated person’s right to a fair hearing.

The law also does not provide for any kind of review or appeal. Caruana said she was also not given access to all evidence. The law also does not safeguard the investigated person’s right to silence.

The lawyers are calling on the court to declare that Chapter 570 of the Laws of Malta is unconstitutional and to annul the commissioner’s report. Furthermore, evidence gathered during the process should not be used in any possible future criminal investigation.

The lawyers also called on the court to liquidate moral damages, payable by the State Advocate and the Standards Commissioner.

The application was filed by lawyers Michael Sciriha, Franco Galea and Joseph Camilleri.