Attorney general: resign

In the recent past, a deal has surfaced whereby the government led by Joseph Muscat transferred a number of hospitals in Malta and Gozo to a third party, with no experience in this field.

The latter undertook obligations and the government transferred a sum in the region of €400 million to €500 million.

Ultimately, these hospitals ended up in a company commonly known as Vitals. This was no ordinary deal; it was analogous to a camouflaged privatisation agreement. The deal contained one unexplained exception to the norm – it is most unusual for the owner, in this case the government, to pay a third party, the acquirer, even if there are obligations, and not vice versa. As economy minister in my past career, I was responsible for the privatisation of state companies. I had never come across a similar arrangement.

Back to the Vitals hospital deal, which was revealed by none other than Daphne Caruana Galizia. Nearly all of Malta felt perplexed – I used the word nearly as there were and still are many who appear to be immune to the events which plagued Malta at the time.

In any other country, these events would have shaken its very foundations. Starting with the Panama Papers, 17 Black, Electrogas, Montenegro wind farms and, finally, Vitals, not to mention the heinous assassination of Daphne.

Eventually, legal proceedings in several cases were filed. Some names keep popping up in more than one case. One cannot help but notice the different approaches by the AG in the Caruana Galizia case and that of the Vitals hospitals. The former was meticulous, the latter, messy.

Proceedings are ongoing against numerous persons in the Vitals case, including a former prime minister, ex-ministers, senior civil servants, accountants and others. The impressive editorial (July 30) entitled ‘Beyond any reasonable doubt’ is an illustrative account of the shortcomings on the part of the attorney general.

The title of the editorial immediately caught my attention as it was the basis of my law thesis. The subject had been selected by my tutor, Guido de Marco (subsequently professor). He was and will remain the foremost Maltese criminal lawyer of all time.

In criminal cases, the burden of proof lies with the prosecution. The standard of proof needed for a conviction is ‘beyond a reasonable doubt’. My tutor used to continuously hammer me about the importance of solid evidence.

His unrivalled eloquence and unique style made me fully aware that cases are won or lost on evidence. “Never ask a question if you do not know the answer and if you cannot back this by solid evidence.” His advice still rings in my ear.

The case of the Vitals hospitals appears to lack evidence in some issues linking some of the accused to the accusations. It is a pivotal case but this could have been remedied if the right evidence was provided by the Swiss Federal Office of Justice, on an application made by the attorney general.

This application was made to the Swiss Federal Office of Justice, requesting information on bank accounts of some of those charged. The answer by the Swiss was a bombshell. They termed the application “a fishing expedition”, which lacked details. Not only details but even time frames were omitted.

The application was an embarrassment and will have ripples on our legal and judicial system. It is self-evident that our system is under scrutiny, hard on the heels of what took place to fill Malta’s vacancy in the European Court of Justice, not to mention the accelerated cases being filed against Malta in the said court for contravening EU law. The way things work on the European scene is that nothing happens by coincidence, even if, at first sight, issues appear unrelated.

The outcome of the Vitals case may have severe repercussions for our country- John Attard Montalto

This is not the first time that Attorney General Victoria Buttigieg has been found lacking. Surely, she must have been aware that the result of the Vitals case would have a direct impact on how our legal and judicial system is perceived. It is not only an internal matter but more so externally scrutinised.

The judicial system is a cornerstone of our democratic credentials. In the end, what counts is not the outer skin but the inner substance. This reflects the very essence of the rule of law. Mistakes, yes, are human but gross neglection is unacceptable.

When the AG wants, she knows how to pounce. Witness a recent case in which a judge misunderstood the reason for the deferment and started to read the judgment when it was brought to his attention that the sitting was dedicated to closing arguments of all parties. The judge verified, agreed and then remedied the issue. There were no serious consequences. It can be better defined as a misunderstanding rather than a mistake.

But what did the AG do? The recusal of the judge was requested and to what end? It is inconceivable that the AG is unable to apply the same standards to herself, especially when taking into account the seriousness of her grave mistake. The request for fundamental information, which turned out to be against Swiss law, can only be described as gross negligence.

The outcome of the Vitals case may have severe repercussions for our country. The ability or otherwise to retrieve almost half a billion euros which fraudulently was given, taken and pocketed now hangs in the balance.

I do not know whether the situation can be rectified through a fresh application made by a diligent, experienced and conscientious lawyer in complete conformity with Swiss law. If this is possible, certainly the present attorney general cannot be the one to file it.

The government must now make a decision and appoint a new attorney general. This has to be done in the interest of the nation.

The present attorney general must do the right thing, she has to move aside to smoothen the transition.

There is no alternative but resignation.

John Attard Montalto is a former Labour Minister for Industry and Economic Affairs and a former Labour MEP.