The court has upheld a request by former Education Minister Justyne Caruana to have the Speaker join proceedings whereby she is challenging the law which grants “unfettered discretion” to the Standards Commissioner.
The decision was delivered during the first hearing of the constitutional case that was filed in December by Caruana within hours of resigning as minister after she was targeted for investigation by the Commissioner of Standards in Public Life.
That investigation had been triggered by two complaints received by the Commissioner who subsequently drew up a report on his findings about a contract of employment granted by the former minister to her friend and former Malta footballer Daniel Bogdanovic.
When Caruana was summoned to testify before the Commissioner she was warned that unless she complied she would be held in breach of law, her lawyers claimed.
She faced questioning without ever being shown the contents of those complaints, one of which had been filed by Bogdanovic’s ex-wife.
The entire process conducted by the Commissioner did not provide the necessary safeguards to ensure the investigated person’s right to a fair hearing.
The law under which the Commissioner operated granted him “unfettered discretion from beginning to end,” argued Caruana’s lawyers, requesting the court to declare that law as anti-constitutional and to annul the relative report.
Moreover, any evidence gathered by the Commissioner was not to be used against the applicant in any future criminal procedures, the lawyers said, further calling upon the court to liquidate moral damages in favour of Caruana.
Her lawyers later filed a separate application seeking to rope the Speaker of the House, as chairman and representative of the Standards Committee, into the suit.
This would ensure that the committee is represented in the court case, enabling it to implement any remedies granted by the court if Caruana’s claims were to be fully or partially upheld.
When the case kicked off before the First Hall, Civil Court in its constitutional jurisdiction, lawyers representing both the Commissioner and the State Advocate informed Madam Justice Anna Felice that they would respect the court’s decision.
The court upheld the request for the Speaker to be joined into the suit, ordering that he be notified accordingly.
Lawyer Ian Refalo, who was following the hearing as legal representative of the Speaker, pointed out that since Parliament had been dissolved after the calling of the general election by the Prime Minister, all parliamentary procedures lapsed.
“Our interest is still there, irrespective of whether Parliament is dissolved or not,” promptly remarked Caruana’s lawyers.
The case continues in May.
Lawyers Michael Sciriha, Franco Galea and Joseph Camilleri are assisting the applicant.
Lawyers James D’Agostino and Julian Farrugia appeared on behalf of the State Advocate.
Lawyer Kristina Rapa Manche’ assisted the Commissioner’s representative, Charles Polidano.