Updated 4.45pm with PN reaction.

Justice Minister Jonathan Attard and former prime minister Joseph Muscat have separately criticised the attorney general's request for those accused in the Vitals case not to be allowed to comment about the proceedings.  

Magistrate Rachel Montebello upheld the request on Tuesday and ordered the former prime minister and his co-accused, including former chief of staff Keith Schembri and former health minister Konrad Mizzi not to make any public comments about any testimony or evidence in the proceedings.

Speaking on One Radio, Attard hit out at the decision, saying it was disproportionate.

"The prosecution's request for what has been publicly described (by Muscat) as a gagging order applicable only for the accused was, I believe disproportionate," the minister said, "especially in the context of a magisterial inquiry that was characterised by strategic leakages (of information) which more than one judge deplored."

Attard explained that what was requested by the court - that everything said about the case should be in the interests of the proper administration of justice - was what was expected by all those who believed in the basic principles of justice. 

But it was worth remembering that sittings were held in open court, he said. The context of this case was one characterised by ongoing political comments which, in many cases, ignored the presumption of innocence and constituted insults at the accused. 

The rule of law group Repubblika had been among those that had issued statements which criticised the courts, and therefore interfered in the administration of justice.

Attard said he recognised that the prosecution did not want a trial by media, which some organisations and the Opposition had resorted to, but he felt that the prosecution should also ensure that the source of the leakages which undermined the proper administration of justice was properly investigated so as to safeguard the independence of the judicial process. 

Muscat says freedom of speech denied

In a video posted on Facebook on Wednesday, Muscat said he had wished to comment on what had taken place and what had not taken place on Tuesday, but was banned from speaking on the matter by the court.

"I respect the court's decision, but I have a lot of thoughts on how the attorney general of an EU country could ask that somebody be denied of his freedom of expression," he said, adding that he would not comment further because of the court's decision.

He said that in the coming days he would announce the next steps that needed to be taken in the context of democracy and the rule of law.

Muscat thanked the 'hundreds of people' who had shown him support in various ways, including the civilised and serene' gathering in Valletta on Tuesday. It showed, he said, that the country had reached a level of maturity where everyone could make his voice heard in a civilised way, without incidents and with reciprocal respect. 

PN slams minister's attack on prosecutor, magistrate

The Nationalist party slammed Jonathan Attard's critical remarks on the prosecutor's request and the magistrate's decision to accept it.   

This, the party said, was the first time that Malta's Minister of Justice had publicly and shamelessly attacked a prosecutor and a magistrate serving the state in the biggest-ever corruption case taken to court.  

The minister was attempting to interfere and influence the two to protect those accused of major fraud to the detriment of the Maltese people. Instead of putting the interests of the people and the institutions first, Jonathan Attard was rendering himself complicit in a coordinated attack against the judiciary and all those seeking justice, the PN said. 

Such behaviour was unacceptable in a democracy.

 

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