Victoria Buttigieg, Labour’s Attorney General, has blown it again. She forced the acquittal of two lawyers, representing a man indicted for murder, from the charge of bribing a journalist with a wad of €500 notes. The brave journalist reported the case. The lawyers were charged with active bribery.
But the AG decided to refer to a completely different provision of the law which simply didn’t apply. In one fell swoop, Buttigieg wrecked the prosecution’s case. The magistrate couldn’t even consider the facts. The case was thrown out. Article 120(2) on which the lawyers were charged didn’t feature in the AG’s referral note.
The magistrate lamented that the AG had simply made it impossible for the court to deliver justice – the court’s hands were tied. Not even the accused themselves disputed they had offered money. They simply argued it wasn’t a crime. In truth, they didn’t have to argue. The two were simply acquitted thanks to the AG’s inexplicable ‘mistake’.
If the AG were responsible for the collapse of any case, it would merit investigation. If the AG wrecked so straightforward a case it would require instant dismissal. When the case involves the lawyers of Yorgen Fenech, with known close links to Joseph Muscat, Keith Schembri and their inner core, the bizarre acquittal through the AG’s intervention deserves a public inquiry.
Buttigieg has long been the focus of serious justified concerns. The Chamber of Advocates were “perplexed” at her appointment. Buttigieg “does not have much, if any, experience in this area, and indeed has not worked in this area at all”, Chamber president Louis de Gabriele noted. Experience in criminal law is an absolute requisite for the role of AG, he insisted.
Buttigieg subsequently elicited the police union’s disgust by reaching a plea deal with Darren Debono. Sixty-five shots were fired at police officers during a botched bank robbery. Yet, Buttigieg dropped the attempted homicide charges and Debono received a significantly reduced prison sentence. Despite the deal he refused to reveal his accomplices.
Former Labour ministers Chris Cardona and Carmelo Abela were both implicated in the attempted heist and Abela was questioned by the police. Disgusted with the AG, the police union invited her “to the next gunfight”. The justice system “has failed big time”, they noted.
So, when the Fenech lawyers’ bribery case came up, Buttigieg had her star moment, her chance to shine and prove all those cynics wrong. She could show those toffs at the Chamber of Advocates what she is capable of.
You would have thought she would have brought the best legal minds to pore over the case - to make absolutely certain everything was done right, that nothing was missed, that every letter of the law was followed. She had over 18 months - there was no rush. She could make sure those who erred would get their deserved punishment.
She could show the country and the rest of Europe that was watching that Malta’s AG won’t be cowed by Fenech, or his friendship with Muscat and Schembri.
She could have shown she’s not intimidated by Fenech’s lawyers, not afraid to confront the mother and defence lawyer of the accused, not fussed that the other co-accused is former Labour parliamentary secretary Franco Mercieca’s son.
She could have scored a huge victory for the country and her own reputation - here is an AG who pursues justice, no matter what, no matter who.
Instead, she picked the wrong legal provision, giving critics new voice, deeper derision. There is no excuse. The Daphne Foundation had indicated publicly as early as November 5, 2020 that the relevant article was 120(2).
The AG’s shocking assault on justice will soon be forgotten – until the next miscarriage of justice- Kevin Cassar
It’s still on their website. The AG’s unbelievable action can only mean one of two things: irredeemable incompetence or criminal collusion. Whichever it is, Buttigieg’s time is up.
But this is Labour’s Malta. Buttigieg will stay. Justice Minister Jonathan Attard ‘pledged’ to “investigate and act” if justice was hindered. If? Justice couldn’t have been more hindered if all its limbs were amputated.
The only person who’s leaving is the prosecuting officer who brought the lawyers to justice. He’s the one who led the search of Muscat’s home. Had he waited just a few more years he would have been able to retire with full pension – but he can’t stomach it any further. He’s left in disgust seeing his work for justice demolished by the AG.
The AG’s shocking assault on justice will soon be forgotten – until the next miscarriage of justice. She’s too convenient for Labour, the ideal choice – compliant and servile.
She allegedly authorised Konrad MIzzi to bypass cabinet and parliament on the Electrogas security of supply agreement. Now, as AG, she skilfully demolishes the prosecution’s case against Fenech’s lawyers. She knows that, like her predecessor, Peter Grech, when you mess up badly, Labour will give you a lucrative consultancy post.
TVM, Labour’s mouthpiece, dishonestly reported the acquittal of the two lawyers, with no reference to any AG ‘error’. In bold, TVM’s article emphasised “once no crime of passive corruption has been committed, it was inconceivable that the accused could be considered an (sic) accomplices in this crime”. TVM spews Labour’s distorted narrative that the lawyers did nothing wrong, there was no bribery.
The AG’s actions are deeply damaging. At a time when Malta faces increased scrutiny on rule of law issues, the AG delivers a devastating blow to any effort at reputation cleansing. The recent Council of Europe resolution highlighting Malta’s “systemic malfunctioning of democratic institutions” is only confirmed by the AG.
But the AG sent a clear message to all who dare uncover bribery, corruption and abuse – you’re on your own. The country’s institutions work only for criminals – they won’t defend you.
They’re on the side of power and wealth not on the side of truth and justice.
So, if you think you’re a hero, think again. You’re left three options: remain silent, join the crooks or flee. After all, you know what happens to heroes here.
Kevin Cassar is a professor of surgery.