The week which has just ended will remain in our collective memory for a long time.
It was the first time in Malta’s chequered political history that a former prime minister, along with three former ministers and a number of others, were charged in court with criminal offences. We had many politicians who committed wrongdoings in the past, but none of them had ever been accused of fraud, misappropriation, dereliction of duty, bribery, trading in influence and more in a court of law.
They are all denying the accusations that have been brought against them following the conclusion of a magisterial inquiry into a deal – now annulled – which saw three public hospitals passed on to be run by private companies.
Judging by the first two marathon sittings we experienced this week, it will be a long judicial process. Accusations and indictments are easier to reach than convictions, and the law is always in favour of those charged. Between the first hearing and judgment day, and possible appeals, we must wait years. The prosecution and its small team have so much work to do against the well-prepared and more experienced defence lawyers to reach their goal.
We have had many cases in the past – not remotely connected to this one – in which mountains of evidence were not enough to lead to guilty verdicts. There have been times when simple technicalities led to acquittals. It is preoccupying that one of the magistrates hearing the two cases has already highlighted a “most serious” blunder by the prosecution. It is hoped that true justice is served in the long run.
Let us remember that the two cases which started this week are a follow-up to judgments that have already been handed down. Apart from the magisterial inquiry which Joseph Muscat tried so hard to derail, last year we had a judge who annulled the hospitals deal which was described as having been “fraudulent”, in a case instituted by former Opposition Leader Adrian Delia, and a confirmation of this judgment in an appeals court which spoke of “collusion”. Wrongdoing has already been determined.
Muscat, and his successor Robert Abela, have consistently attacked the judicial system. The former tried to get the magistrate off the inquiry, the latter has been outspoken on the timing of its conclusion. Finding fault with the judicial process is how former US President Donald Trump reacted to his facing felony charges. Even he thought he was invincible, until last Thursday’s guilty verdict.
It is sad to note that Attorney General Victoria Buttigieg and Police Commissioner Angelo Gafa, both of whom are supposedly there to defend the interests of the nation, were conspicuously absent from what are arguably the cases of the century. After failing in their duties to investigate the hospitals’ deal, rather than throw their weight behind the cases that are being presented in court, they preferred to stay away.
Their absence speaks volumes. The message they are sending is that they do not want to have anything to do with the proceedings. They are defending their position, rather than the interests of the country as they swore to do. Time and again, they have shown that they are not fit to hold the position they occupy. They should be replaced.
As Repubblika honorary president Robert Aquilina said, the accused are being treated with “kid gloves”. Others, facing much lesser charges, were taken before the courts under arrest. In this case, they were arraigned by summons.
And they have not been banned from travelling either. At least, whether they will take a boat trip to nearby Sicily or a long holiday in the more exotic Barbados, all are expected to be in the courtroom for each and every sitting. Given the freezing orders in place, however, one would have expected a higher personal guarantee than the €25,000 which has been imposed on Muscat and the others listed on the same charge-sheet.
Yet the most surreal happening this past week was the presence of hundreds of Labour pensioners in Valletta to show their solidarity with Muscat and Co. They probably do not realise what the people they are supporting are accused of. Or else they know, but they are blinded by cheques and partisan politics. They are also spurred on by people who should know better, including Prime Minister Robert Abela.
Abela has been responsible for comments that have added tension in the country, further dividing it as he puts the interests of the Labour Party above those of the nation. That he then denies he is fuelling the fire shows how he does not understand how a Prime Minister should act. Telling people to “remain calm” and “not to fall to provocations” is not enough when such statements are then accompanied by others that sow division.
All this is happening as we enter the final week of the election campaign. On Saturday, we will be voting not just to elect our European Parliament representatives and local councillors.
There is much more at stake.