Malta is “miles behind” in recognising the reality that there is a mafia in the country, which is why an anti-mafia law is needed, lawyer Jason Azzopardi said.

An anti-mafia law was among the 20 proposals put forth by civil society groups Repubblika and Occupy Justice for a “cleaner” republic last week, calling for the need for a law against organised crime.

The groups said that an anti-mafia law had already been one of the recommendations made by the public inquiry board into the assassination of journalist Daphne Caruana Galizia, adding that her murder showed a clear infiltration of the mafia in politics.

A law against organised crime would also be needed to catch anyone who may have gotten rich through their association with a mafia organisation, and those who publicly hide their wealth derived from crime accomplished by others in their names.

In fact, the board had recommended the introduction of a law, similar to the one in Italy, for association with a mafia organisation, the introduction of the crime of abuse of office by a public official and the introduction of the crime of obstruction of justice, similar to what other countries have in their laws.

The Malta Independent on Sunday reached out to criminal lawyers to ask if Malta needs to have an anti-mafia law enacted.

Former PN MP and criminal lawyer Jason Azzopardi, who also represents Repubblika, said that it is “obvious” that Malta needs to enact an anti-mafia legislation.

He said that however, Malta is “miles behind” in recognising the reality that organised crime truly does exist in the country, be it among blue collar workers, white collar workers or members of the country’s institutions.

Azzopardi said that he had drafted laws in this regard back in 2020, when he held his position as MP, which included an extension to the 48-hour time period in which suspects can be detained without charge by the police in certain serious cases, where he had referred to organised crime as a “hardcore criminality, with a structure and well equipped with resources”.

Azzopardi had said that the law did not allow sufficient time for police investigators to properly investigate the most serious crimes.

He also said that he drafted laws similar to those in Italy, proposing the introduction of “Unexplained Wealth Orders” to combat financial crime, which was also a recommendation from the Caruana Galizia public inquiry, as well as another Repubblika proposal, where it calls for the confiscation of unexplained wealth, and that if anyone enjoying this wealth cannot prove legitimate sources, they should be presumed to be benefitting from illicit wealth.

Azzopardi said despite the public inquiry recommendations, his drafted laws were voted against in Parliament.

“It seems as if we have lost our sense of ‘scandal’. We have become numb. Today’s scandal overshadows yesterday’s scandal, and we cannot keep up. People get fed up,” Azzopardi said.

He said that the 20 points the civil society groups proposed are the “DNA” of a normal country, and the ongoing fuss on implementing these is because “we are not a normal country”.

Azzopardi said that there are no laws against gross misconduct in public office, adding that the country also does not have the crime of obstruction of justice.

He said that leaking information and deliberately misleading investigations are not legislated against in Malta.

“The only thing we have is the deliberate suppression and destroying evidence of a crime, which is not specifically obstruction of justice,” he said, adding that the Opposition must also work further in this regard.

Parliament has the power to, for example, decide a certain capping on assets, and that which goes over and above would be subject to investigation.

Azzopardi said that the country needs transparency in administration, increase in checks and balances, as well as the 20 Repubblika proposals which are “in favour of the citizen, who does not have anyone looking out for him”.

The gap is being filled by civil society groups such as Repubblika, that came up with initiatives which should be the “staple diet of a normal functioning democracy”, Azzopardi said, adding that having an anti-mafia law should be a right to the public.