A court on Monday voiced “great displeasure” over the leaking of the Vitals inquiry report by people it said were “stoking the flames in an illegal manner”, but said the media was right to publish it once leaked. 

The judge made those statements as he rejected a fresh bid by the Opposition to have the document produced in evidence in its case against the State Advocate.

The Opposition’s request was made in court on Monday morning in the wake of the publication of the 1,200-page plus report by Malta Today on Sunday. 

“This is truly a case of ‘Everybody Knows',” remarked Mr Justice Toni Abela, citing the title of a popular song when Opposition lawyer Edward DeBono voiced the request at the start of the session in the presence of the Prime Minister, the Justice Minister, the Opposition leader and PN MP Adrian Delia. 

DeBono explained that since the inquiry report had been published by Malta Today, the Opposition felt it should repeat its call for “such an important document” to be inserted in the records of this case. 

“Did you put a formal request to the Attorney General [for the document]?” asked the judge. 

PN general secretary Michael Piccinino stepped in, saying the party had written to the AG some two or three weeks ago to no avail, and then followed that letter with a judicial protest last week. 

State Advocate lawyer James D’Agostino said he was objecting to the request just as he had done at the previous sitting. 

Back then, the court had turned down the Opposition’s request and also reserved strong comments in its decree about the “illegality of how certain criminal acts were being leaked”. 

In its decree, the court also observed that the inquiry report had no relevance to the subject matter of this case where the Opposition was requesting the court to order the State Advocate to take action to recover the defrauded funds on the now-annulled hospitals concession.

“And even if all Malta can read it [the report] because a newspaper chose to publish it, that does not mean that it is lawfully in the public domain,” went on D’Agostino. 

Nothing had changed in the circumstances since the court’s refusal of an identical request by the Opposition.

“It’s totally useless to have a copy of the proces verbal in the acts of this case,” argued the lawyer on behalf of State Advocate Chris Soler who was also present in court. 

Lawyer Ian Borg, on behalf of the government as intervenor in the suit, said that they had made a public appeal for the publication of the inquiry report. 

But the court had already decreed on the matter and since then nothing had changed in the circumstances of the case. 

That statement prompted DeBono to point out that the government appeared to have changed its stance on the matter.

“Last time, the government [unlike the State Advocate] did not object,” said DeBono, arguing that the Opposition was being deprived of putting forward the best evidence. 

'Newspapers have duty to publish'

Mr Justice Abela declared the court “would not let the media lead it by the nose” and strongly condemned those who were leaking this information to the media. 

However, he said that if the published document was “the formal inquiry report”, then newspapers had a duty to publish it.

As it said in its previous decree, whatever the inquiry says does not appear to impinge upon this case, the court said.

“The court is highly displeased that this inquiry is doing the rounds and everyone pretending not to know what its contents are when in fact all know about it.” 

The judge voiced concern about a “mere handful of individuals, some half a dozen, who were stoking the flames in an illegal manner”.

This matter should have been investigated to discover who “this small circle of people” were. 

“If the state does not have the proper structure to solve this, how will it solve far more serious cases?” Judge Abela heatedly remarked. 

“I will not be led by the newspapers but by you,” said the judge, addressing the parties. 

“If I were to take note of what the newspapers say, I would be complicit in the illegality. Whoever wants to continue with this dirty game can do so, but if caught, all must answer,” wrapped up the judge, rejecting the Opposition’s request.

The court deferred the case for judgment on July 11. 

Lawyers Edward Debono and Nicholas Debono are assisting the Opposition.

Lawyers Chris Cilia, Ian Borg and Maurizio Cordina are assisting the government.

Lawyer James D’Agostino represented the State Advocate.