Repubblika has published a preliminary decision by the Commissioner for Standards in Public Life, saying it confirms that Prime Minister Robert Abela could not legally waive a statutory limitation period to allow older allegations against him to be investigated.

The civil society group said the decision concerns a complaint it filed against Abela following allegations made under oath by Judge Lawrence Mintoff.

According to Repubblika, the preliminary decision dealt with one specific issue: whether the Prime Minister could waive the legal time limit so that the Commissioner could investigate allegations which, under the law, had already fallen outside the prescribed period.

The allegations concern conduct attributed by Judge Mintoff to Abela when he was a Member of Parliament and also practising as a lawyer.

Repubblika said the Commissioner ruled that it was not legally possible to disregard the statutory limitation period.

The group said the Commissioner found that the time limits established by law are matters of public order and cannot be set aside or waived by the person who is the subject of the investigation.

Repubblika said this confirmed what it had argued from the start.

The organisation said that when Abela publicly stated that he was "waiving" the limitation period to allow the Commissioner to investigate him, he was giving the public the impression that such a move was legally possible.

"The Prime Minister knows perfectly well that a statutory limitation period cannot be removed by his consent. The courts cannot disregard it. Nor could the Commissioner," Repubblika said.

The group claimed that the only effect of Abela's declaration was political, saying it created the impression that he had no objection to a full investigation while knowing that the law would prevent part of it from taking place.

Repubblika described this as "a display of contempt for the public and for the process itself".

It also said the issue was not new, arguing that the law preventing such investigations was enacted by the same parliamentary majority that supports the Prime Minister today.

The organisation said the shortcomings in the Standards in Public Life Act had long been recognised and had been the subject of recommendations from various quarters, including the Commissioner for Standards and the OECD.

Repubblika said Abela was not merely in a position to complain that the law is unsatisfactory but had the political and parliamentary authority to change it.

It said that instead of reforming the law, the Prime Minister had sought to project the impression that he was prepared to disregard a legal barrier which no one had the power to disregard.

The Commissioner has not published the preliminary decision at this stage. Repubblika said he had explained that it would only be published, if appropriate, as part of a final report on those allegations which remain capable of investigation.

However, Repubblika said the public had a right to know about the decision immediately and therefore decided to publish it in full.

The organisation said that although allegations falling outside the limitation period cannot be investigated under the current law, the way in which the Prime Minister sought to use this legal limitation to present an image of transparency raised further questions about his conduct in office.

Repubblika called on the Commissioner to proceed without delay with the investigation of all allegations that can still be examined under the law.

It also renewed its call for the government to amend the Standards in Public Life Act so that limitation periods can no longer prevent the investigation of serious allegations concerning the conduct of holders of public office.

The controversy stems from allegations made under oath by Judge Lawrence Mintoff, who claimed that Prime Minister Robert Abela, while still practicing as a lawyer, pressured a court employee over legal fees linked to the Paqpaqli għall-Istrina civil case.

Mintoff also alleged that Abela had used parliamentary questions in a context involving personal financial interest and raised concerns about political considerations in the appointment of Malta's Chief Justice. Abela denied wrongdoing and asked the Standard Commissioner to investigate, including allegations which he acknowledged may be time-barred under the law.