The proposed changes to magisterial inquiries will throw out any citizen-filed investigation requests made before January 1, provided no final decision has been reached.

Lawyer and former PN MP Jason Azzopardi – who has a history of requesting inquiries – requested five magisterial inquiries in December 2024.

“This is an anti-Jason law,” Azzopardi told Times of Malta.

A new bill, presented on Thursday, seeks to change the way citizens can request a magisterial inquiry.

Currently, any citizen can request a magisterial inquiry by filing a court application. The magistrate assigned to the case will review the request and decide whether to proceed with an investigation.

The new bill requires people to first contact the police to request an investigation before filing a request with a judge six months later. The bill also states that only evidence admissible in court can be used to request an inquiry, and magistrates will have a two-year deadline to complete their work.

Clause 11 of the bill, which Azzopardi flagged, states that any requests made by citizens, not the Attorney General or a police officer, before January 1, 2025 will be automatically thrown out.

Clause 11a of the new bill that seeks to change the way people can request a magisterial inquiry.

This applies to requests that are still awaiting a decision on whether an investigation will proceed.

If a request was filed before January 1, but the magistrate decided to start an investigation, then the magistrate must halt their investigation immediately and refer the case to the police commissioner, who will treat it as a fresh case under the new law.

Azzopardi’s five investigation requests are at stake

This clause would directly affect the five requests that Azzopardi filed in December 2024. Whether or not they will all be thrown out is still unclear.

One was a request to investigate Economy Minister Silvio Schembri for living a lavish lifestyle well beyond what his declared income affords. 

Azzopardi also filed a request to investigate various land deals involving the Lands Authority and its CEO Robert Vella. This was rejected by the court, but it is still pending as Azzopardi filed an appeal to this decision on Friday.

He also filed three requests to investigate Gozo Minister Clint Camilleri.

Two of these - related to alleged corruption in the allocation of mooring spots at Mġarr Harbour and the construction of a public swimming pool in Victoria - were not pursued because they should have been filed before the Gozo Court. Azzopardi re-filed the requests in Gozo.

The third request, concerning a road project in Gozo that exceeded its budget by €10 million, was withdrawn and refiled in Gozo following the outcome of the previous two cases.

All three of Azzopardi’s requests for an investigation into Camilleri were refiled after January 1. Therefore, it is not entirely clear whether these would apply under clause 11.

“Without planning, when I filed in Gozo last week, it bypassed clause 11... Just wait and see,” Azzopardi said.

‘You cannot appeal the judge’

Azzopardi pointed out how the new bill made no mention of appealing the decision on whether or not to go ahead with an investigation.

Whereas before Azzopardi was allowed to appeal the magistrate’s decision not to investigate Lands Authority CEO Robert Vella, under the new bill, Azzopardi would not be able to appeal the judge’s decision.

The new bill presented on Thursday is set to dramatically change how citizens can request a magisterial inquiry, directing them to approach the police first, before filing a request with a judge six months later.

The bill also says that only evidence that is admissible in court can be used to request an inquiry, while magistrates will have a two-year deadline to complete their work.

It will also reform the appointment process for court experts while clarifying their roles, responsibilities, and the magistrate’s duties.