A Constitutional Court has ruled in favour of Malta's Fondazione Falzone representative Robert Aquilina, finding that the State violated his fundamental rights by failing to grant him a fair hearing in a freedom of information request related to the FIAU board appointment of former Deputy Police Commissioner Silvio Valletta, the lawyer sais Thursday.
In a statement, Aquilina said that the Maltese State has been found guilty of breaching his fundamental rights and has been ordered to pay him compensation.
"Only a short while ago, the Court found the Maltese State guilty of breaching my fundamental rights and ordered the State to compensate me," Aquilina said.
The ruling was delivered by the Civil Court (Constitutional Jurisdiction), presided over by Judge Francesco Depasquale, in a constitutional case in which Aquilina challenged the handling of a request for information he had submitted to the Police Commissioner and the Minister for Finance regarding the appointment of former Deputy Police Commissioner Silvio Valletta to the Board of Governors of the Financial Intelligence Analysis Unit (FIAU).
The Court found that Aquilina was not granted a fair hearing in relation to his information request.
"It gives me great satisfaction that this legal battle has reached this outcome. This judgment once again confirms that we are on the right side of history," Aquilina said.
He described the ruling as "a victory for justice, for democracy, and for our right as citizens to timely information about those entrusted with public power."
Aquilina also thanked lawyer Therese Comodini Cachia for her invaluable assistance in the case, as well as the public for its support.
He also expressed gratitude to Repubblika and Access Info for their backing throughout the proceedings.
The case concerns the repeated refusal by the State to provide Aquilina a full and uncensored list of nominees for the FIAU board, which former police chief Lawrence Cutajar proposed to the finance ministry.
Aquilina had filed a freedom of information request for this data, but was only given copies of documents from which the names of the nominees who had not been selected were redacted.
The Court on Thursday ordered that damages in favour of Aquilina, in the sum of €2,000, is to be paid by the State Advocate, together with legal interest from the date of the judgment until the date of effective payment. The costs of the proceedings are also to be borne exclusively by the State Advocate.