After the damning Vitals/Stewards magisterial inquiry conclusions came to light, the 17 Black magisterial report was handed to the attorney general.
Although, regrettably, the public is not yet privy to all the details, it looks like government officials and former Labour politicians are to be indicted for money laundering, corruption and fraud involving public money.
Sadly, these scandals are not a one-off occurrence. There have been so many cases of shady agreements, systematic sleaze, unlawfulness and rampant cronyism that scandal has become Labour’s hallmark in office.
Is Malta facing a political meltdown? Is our nation drifting away from democracy and regressing into a mafia-like state?
Sadly, the latest move to amend our criminal code confirms this direction.
The decision to amend the right of every citizen, whoever he/she may be, by making it more strenuous to request the court to open an investigation, is a red flag to law-abiding citizens. If this goes through, our democratic credentials will degenerate further.
However, Prime Minister Robert Abela, portraying himself and his ministers as the victims of a subversive political persecution, is resolute to proceed, notwithstanding numerous objections. Furthermore, Abela intends to give immunity to the government’s acolytes.
All the solemn pre-electoral pledges of transparency, accountability and zero tolerance for corruption were empty promises.
It is pertinent to highlight that the current court cases involving the former prime minister and his former chief of staff, former ministers and other high-ranking government officials are the result of citizens’ requests for magistrates to open investigations. The same can be said about the 17 Black investigation.
Without such requests, we, the people, would still be in the dark while the alleged perpetrators would still be making hay.
It is also pertinent to underline that this right is a feather in the cap of previous Nationalist administrations. This is another example of the fact that, for the Nationalist Party, upholding democracy is a fundamental principle.
Sadly, the same cannot be said of the Labour Party, which always seem to have a tempestuous relationship with democracy. Those who lived throughout the 1980s can attest to this. Is this a case of a leopard unable to change its spots, some may quip.
The accusations that such requests are frivolous, vengeful and automatically accepted are all hogwash.
These scandals are not a one-off occurrence- Albert Buttigieg
The current legal framework has numerous safeguards to assure that this does not happen. In addition, even if the magistrate does accept the request, the accused party can always appeal and even if the accused party opts not to, the magistrate will still require an examination of the evidence before deciding if there is a case at all.
Furthermore, even if the magistrate does find that there is a case to answer, the attorney general can still overrule the decision through the nolle prosequi procedure – a Latin legal term meaning “to be unwilling to pursue”. At the end, the injured party can also request that his/her grievances be redressed.
In short, the current legal framework follows the same procedures as when the police trigger the magisterial inquiry. The only difference is that a citizen takes the initiative instead.
Minister Owen Bonnici, attempting to score brownie points with his master, suggested that citizens could always report such wrongdoings to the police.
Such a statement signals the government’s intention that, while maintaining the right of citizens to request a magisterial inquiry, the request go through police channels.
If that is so, then Joe Citizen has another hurdle to overcome in the form of a possibility that his request is dropped along the way.
In addition, what happens if the police commissioner, who seems to be suffering from lethargy, fails to investigate? What happens if the police assigned to follow the case have a finger in the pie? For example, Raymond Aquilina, the former head of the police anti-money laundering unit, is facing charges of corruption, leaking of information and of money laundering himself alongside Yorgen Fenech.
Regrettably, the commissioner has a credibility issue and there is no one to blame but himself.
Although the Nationalist Party has declared from the onset that it will vote against these amendments, I invite honest citizens, whatever political affiliation, to raise assertively their voice.
This is more than the usual skirmish amid the two main political parties.
This is about a basic tenet of democracy.
It is about your rights as an active citizen. Let no one fiddle with your rights.
Robert, hands off our rights.
Albert Buttigieg is PN spokesperson for family affairs and social solidarity.