The Malta Independent 3 November 2026, Tuesday
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Repubblika calls for independent review of entire justice system

Tuesday, 3 November 2026, 11:44 Last update: about 2 hours ago

Repubblika today published a discussion paper entitled Justice in the Name of the People: Citizen Participation, Institutional Accountability and the Reform of Criminal Justice in Malta, proposing a serious process of research, consultation and reform of Malta's criminal justice system.

The verdicts in the trials of Yorgen Fenech and Lorin Scicluna have left anger, frustration and profound questions, Repubblika said in a statement. "We understand and share that frustration. When, after years of investigations and proceedings, the justice system produces outcomes that the public cannot understand, confidence in our institutions is undermined."

The NGO said it cannot simply ask people to accept what happened because a court has decided. Verdicts must be respected according to law, but the system that produces them must remain open to scrutiny and reform.

Calls for radical change to the jury system arise from genuine and serious concerns. They deserve an equally serious response. Repubblika believes that all options must be examined without deciding in advance which is best, the statement said.

The paper proposes examining whether the powers already available to judges under existing law-to guide jurors, clarify the questions they must decide and assist them in understanding the evidence-are being exercised effectively. It also calls for scrutiny of jury selection and protection, juror preparation and the possibility of making verdicts more transparent and better explained.

At the same time, Repubblika proposed examining alternative arrangements, including mixed criminal courts in which professional judges and citizens deliberate and decide together. These options should be compared with possible reforms of the existing system, drawing on the experience of other countries.

But the problems of criminal justice neither begin nor end with the jury. The paper also examines the independence and competence of investigators and prosecutors, the experience and training of judges, delays, the preservation of evidence and institutional accountability.

It also addresses the dangers of racism, prejudice and political tribalism, and the need for civic education and a democratic culture that recognises the equal dignity of every person.

Repubblika said it is calling for an independent, multidisciplinary review, with clear terms of reference and publicly available findings, alongside immediate improvements wherever these can be introduced without constitutional amendment.

We do not want today's frustration to be forgotten while nothing changes. Nor do we want anger to produce reforms that have not been sufficiently examined.

Justice must change where it is failing. We must properly understand what is failing so that the changes we make genuinely work, the statement said.

Repubblika position paper
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