Editorial: The cost of delayed justice

The Merriam Webster Dictionary defines ‘justice’ as using laws to fairly judge cases, redress wrongs and punish crimes. Simple words but they refer to one of the key pillars of democracy: the judiciary. The big question is whether the judiciary is dispensing justice in a way that is transparent, fair and timely, and – if not – what is holding it back?

The recent story in the Times of Malta tackled the two biggest corruption cases looming large over the island, casting a shadow over people’s trust in the law, the government, the judiciary – and how the island is perceived from beyond its borders.

The wrangling over these cases may be rooted in fundamental principles of law but the impact of these delays is tearing apart the country at a time when it most needs clarity and certainty.

The cases involve hundreds of millions of euros but they are not just about money. They are about basic services like healthcare and power. If greed led to corruption, then ordinary people lost out on the chance to improve the standard of their care.

This area should have zero tolerance; it is a sad but undeniable truth that every crime that goes unpunished merely serves to encourage others: Why not dig into the trough that others are feeding from?

This is why every court case matters and why any failure or failing by the prosecution undermines our faith in the system, whether it is a mistake involving a traffic accident report or the Vitals/Steward hospitals concession scandal.

The two cases – the hospitals concession and the power station deal – have been tied up in legal knots.

In the former, lead expert Jeremy Harbinson refused to testify, claiming he fears for his safety. What kind of a failed state must we be when the lead expert in a case says he fears for his safety?

This area should have zero tolerance; it is a sad but undeniable truth that every crime that goes unpunished merely serves to encourage others

Even though he stands by his report, Harbinson said a disclaimer made it clear it was only meant to be used by the inquiring magistrate and not shared with third parties without prior permission. This led to the defence calling for the case to be dropped.

The second case involves the €450-million government contract for a new power station, awarded to the Electrogas consortium in 2013. An inquiry concluded in 2025 uncovered “corrupt deals” fuelled by major energy contracts and millions of euros in funds “laundered” from Azerbaijan. A court has ruled there is enough evidence for the defendants – who include Konrad Mizzi and Keith Schembri – to face trial.

In this case, the person coming under fire is Miroslava Milenovic, a financial expert attacked over her credentials as a forensic accountant. Although she already presented evidence, she is now refusing to go back to the witness stand.

The saying goes “justice delayed is justice denied” but it has already taken years for the cases to get this far.

These setbacks are not necessarily the end of the cases but will no doubt result in more delays, adding to the frustration of all those who understand how important it is for them to be resolved.

There are legions of lawyers sifting through these complicated cases and there is no doubt that any court judgment has to be cast iron. The judgments will need to stand up to legal scrutiny but also appease those who feel aggrieved by the thought that their hard-earned taxes were mis-used.

This should not be about partisan politics but about a justice system that works, where no one is above the law.