The Malta Independent 22 May 2025, Thursday
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Organisations stress need for citizens to have their say on proposed magisterial inquiry reforms

Semira Abbas Shalan Wednesday, 29 January 2025, 17:36 Last update: about 5 months ago

Eight organisations have again appealed to the government to publish a White Paper on its propoposed magisterial inquiry reforms, before the Bill proceeds to second reading stage in Parliament.

Repubblika, along with the aditus Foundation, the Daphne Caruana Galizia Foundation, Għaqda Studenti Tal-Liġi, Occupy Justice, PEN, Żgħażagħ Ħaddiema Nsara, Vuci Kollettiva, and Moviment Graffitti, held a press conference outside Parliament on Wednesday, ahead of the vote of the first reading of government's controversial bill that deals with the way magisterial inquiries are initiated.

When government first tabled the first reading of the bill, the PN had said it would vote against the it at all stages.

The eight organisations appealed to government to publish a White Paper first, so that the Maltese public can better understand what is being proposed, discuss it, and even make proposals itself.

Repubblika President Vicki Ann Cremona said that a White Paper would help so that the bill would be amended with everyone's consensus.

Cremona said that such an important law, which is at the core of citizens' rights, needs attention, thought, and all the time required.

"This law cannot hurriedly pass through Parliament, as if that happens, one may suspect that this bill is not being proposed to safeguard the public's interest, but to protect the interests of the few," Cremona said.

She said that the right to request a magisterial inquiry is one of the few methods a citizen can use to ask for an investigation into suspicious matters, just as was done for hospitals deal, the Electrogas case, and in the 17 Black case, all of which included the "theft of Maltese taxpayers' money."

"The right of each victim of a crime, direct or indirect, to seek justice is a fundamental right that cannot be tampered with according to the benefit or the interest of the parliamentary majority," Cremona said.

Cremona said that the Prime Minister has argued that the law is needed to stop people from abusing the system and those who are causing injustice towards innocent people.

"The biggest injustice to the public is to give wrong information, as then, the people cannot take an informed decision," Cremona said.

She explained that the current law allows a regular citizen to go to Court and request that a Magistrate gathers proof to see if there is indeed ongoing abuse.

"The magistrate decides if an inquiry is needed, and if there is no proper justification for this inquiry to be launched, then it is thrown out. If the person requesting it is lying, they can go to prison," Cremona said.

If the magistrate believes that the inquiry is justified, then they may proceed, and they have the right to appoint experts for transparency and justice, she said.

When the magistrate concludes the inquiry, the results are sent to the Attorney General, and it is she, according to the proof collected by the magistrate, who decides if a judicial process should start, and "no one can interfere."

Cremona said that when the Prime Minister proposes that whoever requests an inquiry must collect more proof to open an inquiry, he would be "killing the scope of this law."

"It is not the citizens' job to collect evidence of a crime. It is the job of the magistrates and the Court, and no one can, or should try to interfere," Cremona said.

Cremona continued that when the Prime Minister complains that €11 million have been spent on the Vitals inquiry, Repubblika reminds him that €400 million were "stolen" for the public.

"€400 million would not just have been enough to build a school, but to build a hospital, and we would not have all the queues and confusion in the emergency department," Cremona said.

She said that if the Prime Minister loves justice, he must do all he can so that justice is served, and not accuse the person who requested it.

Cremona said that neither the public, nor government, can interfere in decisions taken by the AG or what came out of a magisterial inquiry.

The eight organisations appealed to the Prime Minister that if he truly has justice, truth and democracy at heart, then he must issue a White Paper, so that the public can discuss the preservation of the right of a citizen to request a magisterial inquiry, as well as how to strengthen that same right.


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