Updated 5pm, adds government statement

The Justice Minister has formally written to the Chamber of Advocates and Legal Procurators asking them to investigate reports that the justice minister had not acted on recommendations by an inquiry he appointed three years ago to prevent "revolving door situations".

Following the reports, a statement was issued by the Nationalist Party saying that the fact that a prosecuting lawyer at the Attorney General's Office was now working in the defence team of the Degiorgio brothers showed that the justice minister had not acted on the inquiry recommendations.

Shadow Minister Karol Aquilina recalled that in June 2020 a board of inquiry appointed by Minister Jonathan Attard and headed by retired chief justice Joseph Azzopardi recommended that lawyers leaving the AG's office should not represent persons or companies which the AG's office would have started proceedings against.

The inquiry was opened after lawyer Charles Merceica moved from the Attorney General's office to the defence team of Yorgen Fenech, who stands accused of masterminding the murder of Daphne Caruana Galizia.

But last week another former AG lawyer, George Camilleri, filed a judicial protest on behalf of the Degiorgio brothers against the prisons CEO. The brothers are serving time after admitting their role in the murder of Daphne Caruana Galizia, and have other pending cases. 

The Nationalist Party asked what action Justice Minister Jonathan Attard had taken since he received the inquiry report.

What action had been taken by Attorney General Victoria Buttigieg to avoid cases such as this?  

What changes had been made in the code of ethics of lawyers after the inquiry?

Who would shoulder political responsibility in the latest case?   

Aquilina said the justice minister and the attorney general should no longer abdicate their responsibilities because the message they were getting across through their actions was that people who had the money could freely buy the services of lawyers who until recently would have been leading proceedings against them. 

Government statement

In a statement, the Justice Ministry denied that no action had been taken following the inquiry.

He said that any breach of ethics could be investigated by the Chamber of Advocates and Legal Procurators either ex officio or when a breach was pointed out by someone.

So earlier on Monday, he formally wrote to the Chamber of Advocates and Legal Procurators asking them to investigate the reports.

The ministry said that the inquiry had led to the introduction of a number of measures, both contractual but also ethical, to provide for a revolving door situation.

A clause had been introduced for Attorney General employees not to appear for private clients or enter negotiations to become defence lawyers of private clients, personally or through third parties, while they are still AG employees

Prosecutors within the AG's office should not, before the termination of their employment, make arrangements or preparations to act on behalf of people against whom prosecutions would be led by the AG or about whom the AG would have given advice or presented judicial acts, the ministry said.

 

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