Professor of Law Kevin Aquilina said that Prime Minister Robert Abela’s pledge to publish the magisterial inquiry into the death of Jean Paul Sofia is “tying the hands of the Attorney General”.
In an interview with MaltaToday last Thursday, Abela promised that he will publish the findings of the magisterial inquiry, while he remained adamantly against the wishes of Sofia’s family, to establish a public inquiry into the young man’s death.
On Wednesday, the government voted against a motion presented by the Opposition calling for a public inquiry into Sofia’s death. The 20-year-old died when a building under construction in Kordin collapsed on 3 December 2022. His family has been calling for a public inquiry since the tragedy, with Abela refusing to accede to their request, insisting that a magisterial inquiry is enough.
“I will carry the responsibility to achieve justice,” Abela said in Thursday’s interview, called hastily following the backlash against the government soon after the vote was taken. He said he will hand over the report of the magisterial inquiry to the young man's family and intends to publish it.
Asked about the PM’s intentions to publish the findings of the magisterial inquiry, Aquilina told The Malta Independent on Sunday that it is up to the AG to decide whether or not the Prime Minister should be given a copy of the inquiry and what parts thereof, if any, the Prime Minister should receive. Before the magisterial inquiry is concluded, Abela has already made it a foregone conclusion that he will get a copy.
If it is to be published, Aquilina added that this will most likely only include the conclusion and recommendations of the inquiry, similar to when the government published the conclusions of the Egrant inquiry or some redacted form.
It is worth noting that when the government published the conclusions to the Egrant inquiry, it was later revealed, when the full inquiry was published, that the government had left out significant details from the report.
Aquilina believes that Abela is “jumping the gun” when he has already decided on behalf of the Attorney General, a supposedly independent officer of the state, that the inquiry will be published.
The AG might have her reasons for not publishing the inquiry, Aquilina said. For example, it could be deemed that the publication might prejudice future prosecutions.
“The Prime Minister should not interfere in the workings of an independent officer of the state, should not use his office to put pressure on the AG, should learn not to meddle in the proper administration of justice and should leave independent institutions to carry on their business serenely.”
A vigil, in memory of Jean Paul Sofia, has been called and will be held tomorrow evening at 8pm outside Castille.