I am a firm believer in the notion that the best route to obtain justice is through the application of the law by an institutionally independent and impartial Judge and Magistrate who enjoys all the guarantees of security of tenure as enshrined in the most important law of the land.
In so far as serious crimes are concerned, our criminal justice system has a well-defined institute of Magisterial investigation called the in genere inquiry which does not only serve to conserve evidence - in itself a very important role - but also to ultimately exercise a crucially important vires - that of pointing fingers at the persons who should answer in front of a court of criminal juridisction for something they did or failed to do in violation of the law.
The Criminal Code provides that the outcome of such an in genere inquiry should contain a short summary of the report, information or complaint which triggered the inquiry in the first place, a list of the witnesses heard and evidence collected and, what is more important, a final paragraph containing the findings of the inquiring Magistrate.
In genere inquiries occupy an important role in our criminal legal system, so much so that the Code goes into great lengths in order to regulate the duration of such an in genere inquiry, how extensions to the time frames can be made and the functions of the Attorney General as Chief Magistrate to exercise some accountability on the whole process.
I remember, in our University course as law students, being told about how crucial the in genere inquiries were, for instance, to deliver justice and "righten wrongs" in cases such as those of Pietru Pawl Busuttil who way back in the eightees was unlawfully accused by the Police of a crime he did not commit.
In much more recent times, I recall for instance, the crucial role the Magistrate presiding over the in genere inquiry took in the aftermath of the Plus One tragedy when around 40 people suffered grave injuries when a structural disaster occured in a Paceville discotheque 8 years ago. As the readers will immediately recall, the whole country was in shock when this tragedy happened.
At the time, the inquiring magistrate concluded the report - which was done over the Christmas and New Year period - in around a month and a half. That was an episode where once again the Magistrature had risen to the occasion and delivered an important step towards the attainment of justice expeditiously and without delay.
The same thing happened most recently in the tragedy concerning Miriam Pace - that in genere inquiry was concluded in less than 40 days. Here again the Magistrature acted expeditiously and justice was seen to be done on a case which shocked us to the core.
I mentioned three separate cases where our Magistrature played a key role towards seeing that justice is served by concluding the inquiry in a fair and reasonable time.
Most unfortunately, not the same can be said on the in genere inquiry relating to the tragic death of Jean Paul Sofia. This inquiry, which started on the 3rd of December, has not yet been concluded. After almost eight months, the country is still waiting for the Magistrate to finalise the report. After almost eight months Jean Paul Sofia's loved ones are still waiting to be given the answers they legitimately expect to receive about what happened and why.
This failure to serve justice in reasonable time led to a number of very negative consequences. The family of Jean Paul Sofia was left in the dark, increasing the huge pain which they were already passing through. The Government came under fire and unjust accusations to the effect that guilty people in this case were being protected by design were levelled against it. People became angry - they were not seeing any end in sight and lost hope and confidence in the whole system.
I, for one, thought - perhaps naively - that the in genere inquiry into the tragic death of Jean Paul Sofia would be concluded by the last day of the umpteenth extension the Inquring Magistrate had requested according the procedure enshrined in our Criminal Code. That last day happened to be last Monday.
Yet again, what we all were genuinely hoping would happen did not occur. The inquiry was not concluded. At that point, Prime Minister Robert Abela did the right thing and acted decisively and went straight to appoint an Inquiry under the Inquiries Act tasked with tackling the main questions, of an administrative and health and safety nature, which the general public is asking on this case.
The people appointed on this last inquiry are people of high standing in society: Mr Justice Emeritus and current Ombudsman Dr Joseph Zammit McKeon, current Auditor General Charles Deguara and Perit Mario Cassar. I am sure that they will act diligently and expeditiously.
The sessions of the inquiry will take place in open court and the conclusions will be made public. The family of the victim will be provided with all the opportunity to have an active role in the proceedings.
My wish is that the people guilty of this tragedy are brought to face justice and that family Sofia and Bonnici, as well as the general public, are provided with all the answers that they rightfully deserve to obtain.
My wish, as I know for a fact is the Prime Minister's wish, is that justice is fully served. With no ifs or buts.
Reviving Medieval Fortifications and the Greek Gate
This week I stood in the ancient city of Mdina, in front of the medieval fortifications and the iconic Greek Gate which witnessed centuries of human civilization since their original construction.
These historic structures are now undergoing restoration. The significance of preserving these historical treasures and enhancing our cultural heritage for future generations is very strong. Parts of the medieval fortifications is made up of stone going back directly to Roman times.
The restoration project, spearheaded by the Restoration and Preservation Division, aims to breathe new life into the visible part of Mdina's inner wall and the revered Greek Gate. It is a meticulous endeavour, beginning with site documentation and followed by the intricate process of securing permits from the Planning Authority. The tender contract was awarded, paving the way for the skilled hands of restoration specialists to embark on their noble mission.
As a government, we are safeguarding our heritage. It is important to preservee these ancient fortifications to ensure they endure for generations to come. The project, not only enhances our nation's allure as a tourist destination but also preserves the essence of Mdina's rich history and architectural beauty.
The restoration works are projected to conclude by the end of November 2023. The process involves meticulous cleaning of the facades and removing any signs of biological growth, black crust, and other superficial deposits that have accumulated over the centuries.
Furthermore, the team is diligently working to remove any cementitious renders or pointing that may have been applied in previous attempts at preservation. Instead, they opted for lime-based mortar to point open joints, ensuring a more historically accurate and sustainable approach. For the Greek Gate, special attention is given to the external area, with the repair or replacement of deteriorated stones, expertly consolidating delaminated masonry, and restoring the timber apertures to their former glory.
The dedication of the restoration team is commendable, especially when one considers the challenges they face while working on a site of such historical significance. The scorching temperatures during this season can make their task physically demanding, yet they persevere with unwavering enthusiasm.
As I stood there, witnessing the convergence of history and restoration, I could not help but feel a sense of gratitude for those who have taken it upon themselves to preserve our cultural heritage. The fortifications and the Greek Gate are more than just architectural marvels; they represent the resilience of a nation, a testament to the collective spirit of the people who have called this place home for centuries.
The completion of this restoration project will not only enhance the allure of Mdina but will also serve as a reminder of our duty to protect and cherish our shared history. With each stone carefully restored and every timber aperture brought back to life, we honor the legacy of our ancestors and ensure that their stories are etched in the annals of time. As the winds of change sweep through Mdina's ancient streets, a new chapter unfolds-one where the past and the present dance in harmony, and our cultural heritage thrives for generations to come.