Editorial: Beyond any reasonable doubt

Securing a sound case for the prosecution in a court of law is no mean feat. The task becomes a gargantuan one when it is a complicated, high-profile case involving prominent figures and requiring the input of foreign jurisdictions.

Botched prosecutions may not be that common but they do occur, which is of concern to all those seeking justice. This especially when the attorney general’s office is handling a prosecution deemed weak, if not altogether messed up.

The Swiss Federal Office of Justice has just described as a “fishing expedition” a request by the attorney general in relation to the criminal proceedings against former prime minister Joseph Muscat and others in the Vitals hospitals case. The Swiss authorities could not help, simply because the formal request it received lacked details required by that country’s laws.

According to its homepage, the office of the attorney general “is committed to carrying out its statutory responsibilities, duties and functions effectively and efficiently and in the best interest of the administration of justice”.

Its vision statement is providing a quality prosecution service to the people of Malta. None of that was evident in the request to the Swiss authorities.

Some conspiracy theorists may argue that this was no simple oversight, given the high-profile individuals involved. Perhaps they are right – perhaps not. What is indisputable, however, is that this was a glaring display of incompetence, if not outright dereliction of duty.

It is not the first time Attorney General Victoria Buttigieg has come under serious scrutiny. The public inquiry into the assassination of Daphne Caruana Galizia pointed to her role in the Electrogas deal, where, as deputy attorney general, she appeared to prioritise the interests of the government over those of the state.

She was given a public dressing-down by a superior court judge, angry at her refusal to produce certain documentation in a breach of rights claim.

It is beyond reasonable doubt this is a clear case of 'proved inability' to perform the functions of her office

On her watch, the attorney general’s office approved a plea deal in which the gravely serious charge of attempted murder of police officers was dropped.

Her office also failed to authorise the police to arrest a notorious gaming consultant against whom a German arrest warrant was issued over tax evasion.

The Swiss request cock-up is another black blot.

The drafting of the formal request for judicial assistance could have been a rushed job. Still, the least Buttigieg and her office should have done was check the correct procedure and follow it scrupulously, especially since Switzerland is a country known to be very jealous of banking secrecy.

International pressure and global standards on combating money laundering, terrorism financing, tax evasion and other financial crimes left Switzerland with little option but to be that little more open. Still, it has laws and procedures in place on how requests for help in financial crime investigation and prosecution must be framed.

A cursory check online will give you a pretty good idea: the authority making the request is easily identified; the facts of the case are described; the offence being investigated and how it is legally classified must be declared; the act must be punishable in both countries; the requested measures must be specified; a sufficient link to a concrete investigation or proceedings is given; attach any relevant judicial documents. The bottom line is one cannot be vague or speculative.

Yet, Buttigieg did not ensure the formal request made by her office met such demands.

It is beyond reasonable doubt this is a clear case of “proved inability” to perform the functions of her office.