Former Opposition leader Simon Busuttil pledged on Tuesday he would keep knocking on the doors of justice after his bid for an inquiry into Konrad Mizzi and Keith Schembri was rejected by a magistrate.

Simon Busuttil

He noted that, for the second time in just a few weeks, the courts had turned down a request for a magisterial investigation into the Tourism Minister and the Prime Minister’s top aide in the wake of the Panama Papers revelations.

The Panama Papers had led to investigations, arrests, criminal procedures, resignations and even imprisonment across the globe but justice was not being served in Malta, Dr Busuttil said.

Pointing out he respected the court’s decision, the former Nationalist Party leader said he was saddened that the country had no institution willing to investigate alleged corruption involving members of the government.

Dr Busuttil said he could either give up on the chance of justice ever being done or persist. To him the choice was clear. “I will continue insisting on justice in Malta and within the EU,” he said. 

Nationalist MEP David Casa said the court decision was proof of what the Council of Europe’s rule of law experts had said when they expressed concern over the island’s democracy.

In a tweet, Dr Mizzi welcomed the court decision, adding that Dr Busuttil’s baseless allegations had again been thrown out by the courts. 

“Court sees through more speculations and conjectures,” he tweeted.

The Labour Party said this was the third legal blow to Dr Busuttil. 

Labour MP Robert Abela told a press conference that Dr Busuttil’s legal manoeuvring “showed an enormous amount of disrespect for the rule of law and for our law courts”.

In an official statement, the government noted that, “as always”, it would respect the independence of the court and hoped “others” would do the same.

Court sees through more speculations and conjectures

The request by Dr Busuttil and Mr Casa for an inquiry was rejected by Magistrate Francesco Depasquale who said: “Contrary to what the two applicants seem to think, there is no ‘legal and judicial limbo, neither dead nor alive’.”

He said the court’s original decision turning down their request last May was final and could not be appealed. He had decided then that it made no sense to have “double or even triple” investigations into the same case.

He had ordered all documents and evidence to be handed over to Magistrate Ian Farrugia who was already considering a similar request. Dr Farrugia had ruled there were grounds to investigate Dr Mizzi, Mr Schembri and others, including the Prime Minister.

However, earlier this month, Mr Justice Giovanni Grixti reversed that decision and said there was no legal basis to launch such an inquiry. Dr Busuttil and Mr Casa then filed their application to revisit Magistrate Depasquale’s original decision.