Prime Minister Robert Abela defended a number of people who were charged with criminal offences over the hospitals deal in Parliament, during a debate over the controversial proposals for magisterial inquiry reform.
Tensions escalated during the debate, to the point that the session had to be suspended for 10 minutes.
Abela was criticizing the law as it stands today, saying that when someone opens an inquiry and, for instance, indicates three people, they have a number of limited rights including the ability to appeal the opening of an inquiry. But, he said, if time passes and the inquiring magistrate identifies someone else, that person will not have the rights the original people who an inquiry was opened against have. He said that this is an example of an anomaly.
"Too many innocent people were crucified" due to the current law, he said.
"PN MP Karol Aquilina had asked the Justice Minister: 'tell me how many people there are who were investigated in Magisterial inquiries, and as a consequence of which, were charged in court for nothing'. I'll start mentioning them. Joseph Rapa (Former health permanent secretary), Ronald Mizzi (former permanent secretary within the Economy Ministry), Chris Fearne (former Health Minister), Edward Scicluna (former Finance Minister), Alfred Camilleri (former Permanent Secretary at the Finance Ministry)... people whose lives were broken for nothing," Abela said. Some of the ones he mentioned, he said, served the public loyally under different administrations “and crying they tell you they do not know if they are going to live to see their name cleared.”
Abela was speaking in Parliament on Tuesday during the second reading of the government's magisterial inquiry reform, which he started by attacking the Opposition for turning it into a "populist and partisan matter", after having voted against the bill during the first reading.
Abela during his intervention in Parliament, continued to attack the PN, naming three reasons as to why a magisterial inquiry should be opened against the PN or the Opposition Leader.
He said that the PN, for years, has refused to submit its financial accounts to the electoral commission despite their legal obligation.
Abela also said an inquiry should be launched into allegations that former PN employees discovered that their social security contributions had not been paid for several years, accusing Bernard Grech of misappropriating his own employees.
He also questioned where the proces-verbal of the magisterial inquiry launched into allegations that Yorgen Fenech had given money to PN MP Adrian Delia was.
Speaking about the magisterial inquiry bill, Abela said that government is implementing this today after "systematic abuse" was born on a vulnerable, 175-year-old legal framework.
Abela said that the reform was split into two phases - the first being the array of reforms implemented by government after the Venice Commission recommendations, understanding that a drastic change was needed.
Among these changes were strengthening the judiciary's independence and autonomy, how the judiciary is appointed, as well as to have dedicated inquiring magistrates, Abela said.
He said that under previous PN governments, the Chief Justice was appointed by that days' government, and several "bad" decisions were made in appointing several Chief Justices'.
It was at this point that tensions started escalating, and Deputy Speaker David Agius warned all MPs to behave as members of the highest institution of the country.
Abela continued to criticise previous Chief Justices appointed under the PN, which resulted in shouting from both sides of Parliament. Agius suspended the sitting for 10 minutes, warning that he will kick out those who continue disturbing.
After the sitting resumed, Abela said that those who deserve to be investigated and brought to Court will continue to be, but those who are "crystal clearly innocent" must be protected from accusations.
He said that no right has been touched, reduced or removed, but rather citizens' rights were strengthened and elevated, so much so that now, the police, a Judge and the magistrate is involved.
Abela said that today's tools are being structured and strengthened, while criteria were not changed. He said that the bill adds more seriousness and countability to the process.
A private citizen may now go to the Police with a report, swear it, and name the suspect and the crime, where the police then has six months to investigate.
Should the police determine that there is no case for prosecution, the citizen may then seek another remedy, a "new right," and go to the Criminal Court presided by a Judge, Abela said.
He said that to ensure that the situations of abuse do not repeat themselves, the Judge will listen to the police's investigation, the person who made the report and the accused, along with all witnesses they wish to present behind closed doors, and may choose to order the police to continue the investigation, close it imminently, or order the police to open a magisterial inquiry within three working days.
"Whoever says that we have removed this right is lying, this bill says otherwise," Abela said, adding that currently, inquiries are being opened "based on what one heard at a kazin."
Abela said that the bill introduces a safeguard, that the person requesting the inquiry must present admissible proof - to the grade of that of probability, before the Criminal Court, which could then be used in the accused's prosecution.
He said that government did not introduce any other grade, but that of proof. Abela also said the Labour government "borrowed" a reform by Franco Debono which the PN failed to implement and ensured that legislative changes include the basic rights for the accused, whether they have been found guilty or not.
Abela said that this was not included in magisterial inquiries before, and government included it to avoid "victims of a bad law," and so that nobody escapes justice on technicalities, or for failing to recite them their basic rights.
He said that the law establishes the Attorney General's position as Chief Magistrate, and the AG will have the role of supervising all ongoing inquiries, and those which have been concluded.
Abela said that the law also condemns a person who has wrongfully requested a magisterial inquiry to bear all the inquiry's expenses. This person can also appeal this decision before the Judge.
As Abela spoke of Labour MP Carmelo Abela's struggles saying when he was falsely accused of being an accomplice in a bank heist, PN MP Karol Aquilina was laughing at him in Parliament, Aquilina proceeded to request a breach of privilege, and categorically denied ever laughing at MP Abela, and said the Prime Minister was "lying," where Abela then condemned Aquilina for failing to apologize.
Abela said that ironically, of the 25 inquiries opened privately, many of them were opened by factions of the PN. Abela said that this reform will also update victims and families on the progress of the inquiry, and that a digital report of the conclusions will be given to families free of charge.
Abela said government believes in accountability, and in a country where love, respect and good reign, and that whoever committed a crime must suffer the consequences, but those wrongfully accused should not.