Silvio Grixti, the former Labour MP charged with a long list of serious crimes, issued a sickness certificate for Keith Schembri, also charged with a litany of crimes, to avoid testifying in court. The court had to accept Grixti’s certificate. Grixti continues to practice, and it seems he continues to provide certificates that could potentially pervert the course of justice. If this weren’t tragic, it might just be funny.
The whole situation is ludicrous. The doctor who issued Schembri’s certificate faces criminal charges of setting up and forming part of a criminal organisation, defrauding the department of social security and forging official documents, possession of items intended for fraudulent purposes, money laundering, providing applicants with forged medical certificates.
A total €4.5 million of his assets have been frozen. And yet, he continues to practice.
Grixti’s laptop contained hundreds of document templates bearing other doctors’ names, indicative of forgery, according to police officers testifying in court.
The police also found forged Transport Malta documents, copies of which were provided to persons falsely claiming serious disability benefits to “prove” they had given up their driving licence. The police considered 428 files on Grixti’s laptop to be “of interest to the investigation”.
And, yet, Grixti is still issuing sickness certificates, including for Schembri to avoid testifying in court. How on earth is this even possible? The answer is simple – Malta’s medical council, the regulatory authority responsible for protecting patients from dangerous doctors – does not work.
Since June 2023, the medical council of Malta has been rendered completely toothless by another court ruling. For the last 16 months, Malta has been without a functioning medical council, a situation totally inconceivable in any other European state.
When another MP, Stephen Spiteri, was caught by LovinMalta issuing sick-leave certificates to patients for a fee without seeing them, the medical council started an investigation. But, before his case could be concluded, Spiteri went before the constitutional court complaining that the proceedings of the medical council breached his human rights.
In June 2023, the constitutional court annulled the council’s procedures against Spiteri. The court found that the council was acting as investigator, prosecutor and judge – “a classic case of a structural lack of objective impartiality”.
“The powers given to it [the medical council] by the law allow it to prosecute, and itself summon witnesses to back its accusations and itself is expected by law to decide on those accusations,” the court concluded.
And, with that decision, the courts completely dismantled the medical council. The council was rendered absolutely toothless, unable to enforce any discipline on doctors and, more importantly, unable to fulfill its principle role – protecting patients. The medical council did not appeal the court’s decision. Since then, the medical council has been unable to function. The council cannot take any action against doctors involved in malpractice, professional misconduct or outright dangerous practice. It cannot sanction doctors and it cannot strike them off. It can’t even ask them to explain themselves.
When Grixti’s alleged crimes were exposed, the medical council asked Grixti for his comments. Arrogantly, Grixti gave the council the middle finger. He told the council in no uncertain terms that he intended to “ignore its investigation” and simply refused to reply to the council.
The council was completely powerless – it couldn’t suspend Grixti’s licence, it couldn’t strike him off, it couldn’t even force him to reply to its questions. That was over a year ago. And Grixti continues to practise and continues to issue sick-leave certificates for Schembri.
The court was expecting Schembri to testify on October 14, a Monday. Instead, it was presented with Grixti’s sickness certificate dated October 13, a Sunday. Lawyer Karl Grech couldn’t believe his eyes. “So Schembri travelled all the way from Mellieħa to Paola to get a medical certificate from Grixti,” he asked while pointing out that Grixti’s Paola clinic is closed on Sundays.
Magistrate Victor George Axiak wasn’t impressed either: “The court will decide upon this matter after hearing what the doctor has to say about it.”
Schembri wasn’t the only one who failed to turn up to testify that day. Chris Cardona too didn’t show up. At least, he filed a court application with copies of his flight tickets to justify his absence.
But a certain Joseph Muscat simply failed to turn up. Muscat had been summoned to testify on September 7, giving him ample time to file an application to be excused. He didn’t. He just failed to turn up.
The court’s work was scuppered, in part thanks to a sickness certificate issued by an alleged fraudster and money launderer to another alleged fraudster and money launderer.
The whole absurd situation is symptomatic of the pitiful situation Labour has brought the country to. For 16 long months, the country has been without a functioning medical council. Practising physicians can behave as unprofessionally, as dangerously as they please because the council cannot act. Indeed, any doctor summoned before the council could take Grixti’s example and ignore it.
Labour has known this for months. Did it change the law? Did it present any amendments to current legislation to allow the medical council to function? No.
Minister Jonathan Attard passed the most irrelevant and unnecessary legislation through parliament, including a law regulating pet groomers. But he hasn’t lifted a finger to ensure the country has a functioning medical council, the body which protects patients. His inaction led to this tragicomic situation. In Labour’s Malta, if you’re a dog, your groomer is regulated. If you’re human, your doctor isn’t.
Nobody in his right senses thinks that a doctor accused of such serious crimes should be practising, let alone issuing sickness certificates to fellow accused. Nobody around the EU believes Malta’s medical council has been paralysed for 16 months. Nobody understands why Labour fails to act, jeopardising patients’ safety.
That’s either the most shocking incompetence or the most brazen collusion to ensure Grixti continues to practise unhindered.
Kevin Cassar is a professor of surgery.