Updated 6pm with Jason Azzopardi statement
Robert Abela has ordered his justice minister to reform the current system of magisterial inquiries, saying people like Jason Azzopardi are “abusing the system”.
In a statement on Facebook, Abela said Azzopardi had "crossed a line" with his most recent allegations and that the former PN MP was "abusing" the current system of inquiries and dragging people "through a Calvary of judicial proceedings for nothing".
"I have asked the Justice Minister to finalise a reform of magisterial inquiries without delay, so this abuse can be stopped," he wrote.
The announcement drew sharp criticism from the Opposition and rule of law NGOs but approval from Abela's Labour Party.
Abela was reacting to former MP Azzopardi filing an urgent request for a magisterial inquiry into an alleged criminal racket involving Gozo minister Clint Camilleri and his wife.
Azzopardi claims that the Camilleris knew of a racket to hand out government jobs and/or greatly sought-after mooring spots at the Mġarr harbour in return for cash kickbacks and other gifts.
He also claimed that Clint Camilleri’s wife, lawyer Deborah Camilleri, worked on private legal cases while she was meant to be at her taxpayer-funded job at Transport Malta. Azzopardi argued that Camilleri could be prosecuted for money laundering.
A curt denial and furious response
Clint Camilleri flatly denied the claims on Sunday morning without delving into them.
Abela went further, saying Azzopardi was a "liar" because the minister's wife did her private legal work outside of office hours or while on leave, and with the permission of her superiors.
Abela said that Azzopardi and “the extremist faction of the Nationalist Party” was abusing the current system. He said he would no longer allow this to go on.
“I have asked the Justice Minister to finalise a reform on magisterial inquiries immediately, so this abuse is stopped once and for all.”
Azzopardi challenges Abela: Get your friend to press charges
Azzopardi reacted to Abela's declaration with a challenge.
"The law already features a safety valve to prevent people from filing intentionally false allegations," he said, as he challenged Abela to get the police to prosecute him.
"Write to your friend and ask him to press charges against me for calumnious accusations and giving false testimony under oath, given that you're saying nothing illegal was done," he wrote.
It remains unclear how the Abela-led government intends to reform the system of magisterial inquiries.
As it stands, the law allows private individuals to file a request for the courts to investigate an alleged criminal act.
Azzopardi has used this tool several times - most notably when, as lawyer of rule of law NGO Repubblika, he asked the court to investigate the deal to privatise three state hospitals.
That probe, concluded earlier this year, resulted in criminal charges against dozens, including Abela's predecessor as prime minister, Joseph Muscat, former OPM chief of staff Keith Schembri and former ministers Konrad Mizzi, Edward Scicluna and Chris Fearne.
More recently, Azzopardi has sought magisterial inquiries into an alleged racket at Identity Malta involving fraudulent issuance of ID cards and another into claims that LESA worked with car hire firms to defraud tourists who received traffic contraventions.
PN: Abela wants to control magistrates
Reacting to Abela's post, the Nationalist Party said the prime minister was "cornered".
"Only those who fear the truth and justice behave the way Robert Abela is behaving," the PN said. "With this irresponsible action, Robert Abela also aims to control the country’s magistrates, who are entrusted with conducting magisterial inquiries to uncover the truth and ensure justice is served."
The PN said it intended to resist any attempt to weaken the people's right to request a magisterial inquiry.
It then listed a number of scandals and ongoing investigations which, it said, would never have started or taken place if Robert Abela had his way.
They included the Vitals and Steward hospitals scandal, a probe into secret company 17 Black and the Electrogas power station, an inquiry into the Panama Papers, a probe into Enemalta's Montenegro windfarms scandal, an investigation into the social benefits fraud racket, claims about an ID card criminal scheme and a probe into misuse of public funds by ministers.
Robert Aquilina: They want to close our last avenue for justice
Robert Aquilina, who heads the Malta branch of the Fondazione Falcone, said Robert Abela was out to shut the last avenue people had to obtain justice.
“When they appointed one puppet after another police commissioner, they forgot to close one final hole allowing us to battle corruption,” Aquilina wrote.
He noted that anyone requesting a magisterial inquiry must present evidence to back up their allegations, that a magistrate must then decide whether or not to accept that request and that the decision is subject to appeal.
“The magistrate doesn’t necessarily agree with the person requesting a probe. So the present system does a very good job of defending the rights of criminal suspects,” Aquilina noted. “Robert Abela wants to take this right away from the people, so that he will safe in the knowledge that nobody will be able to investigate politicians’ criminal acts.”
Repubblika: This right led to Joseph Muscat being prosecuted
Rule of law NGO Repubblika was also shocked by Abela's announcement.
"When the police ignore evidence in the public domain, people have the right to insist on a magistrate collecting evidence. The government now wants to get rid of that right," it said in a statement.
"Remember that without this right, Joseph Muscat would never have been charged with corruption related to the sale of state hospitals," it noted. "Robert Abela's threat represents a risk of backsliding on the rule of law. We will resist it in every way we can."
Labour: Bernard Grech now riding on Azzopardi's attacks
The Labour Party criticised the Opposition for its statement,
Bernard Grech was "riding upon the attacks of Jason Azzopardi and Repubblika" and taking "the side of these villainous attacks based on lies," it said.
Labour accused the PN of abusing legal proceedings and "participating in the politics of hatred at the expense of causing untold harm and suffering to those who do not agree with them."