At the time of writing, Malta’s justice system is facing a tangled web. Yorgen Fenech, the business tycoon arrested as the mastermind behind Daphne Caruana Galizia’s assassination, has implicated the prime minister’s own chief of staff, Keith Schembri, in the plot.

There are uncorroborated allegations that Melvin Theuma, the go-between with the killers, has linked Schembri and Fenech to the murder. Fenech also alleges that Schembri colluded in an attempt to frame Economy Minister, Chris Cardona, for the murder. 

Prime Minister Joseph Muscat is preparing to resign as the scandal surrounding the assassination reaches the highest level of government.

The prime minister’s close personal and professional association with Schembri makes his continued position both untenable and intolerable.

The story of Icarus – who flew so high that the heat of the sun melted the wax of his wings causing him to plunge to his death – is a sobering reminder of unjustified abuse of power. It is the hubris which leads to a leader making unwise and risky decisions to the detriment of the people he is meant to serve.

Did the stunning majorities for Labour in successive elections lead the prime minister to feel he was invincible?

Three years ago, one could not help noticing in the way he dealt with the exposure of his two closest government advisers for opening dodgy accounts in shady financial tax havens a creeping arrogance in his exercise of power.

A prime minister who failed to sack his closest confidantes three years ago is culpable of gross misjudgement, as well as conniving in their deceit through his inaction.

Muscat’s lack of decisive action over Panamagate has led inexorably to the end of his premiership today. A prime minister who failed to sack his closest confidantes three years ago is culpable of gross misjudgement, as well as conniving in their deceit through his inaction.

The burning issue now is: how soon should Muscat leave office?

The investigative inquiry into Caruana Galizia’s murder has reached a critical stage. The three criminals who allegedly carried out the assassination have been arrested. The alleged mastermind, Fenech, and the suspected middleman, Melvin Theuma have also been arraigned.

This is an outstanding achievement by Malta’s investigatory authorities, which occurred under Muscat’s watch. His determination to ensure the killers were brought to justice has been fulfilled. Justice can now take its course as he pledged.

It would be salutary for Muscat to recognise immediately that this is a mess of his own making and staying on for another few weeks simply exacerbates it

The prime minister’s argument is that, at this critical juncture, this is not the time for the government to be without its prime minister. He therefore considers he should stay in place to “exercise the day to day operational side of administration” until a new leader of the Labour Party (and next prime minister) has been elected in five weeks’ time, thus ensuring the smooth transition of power. The Parliamentary Labour Party has overwhelmingly backed his decision.

But it would be grievously wrong and indefensible of Muscat to stay on until then for two key reasons. First, respect for ethical standards in government is the glue that holds the whole edifice of democratic trust together. The prime minister has lost credibility. Any additional delay is a severe breach of the convention of the principle of ministerial responsibility and would do immeasurable further damage to the integrity of our constitution, the reputation of our country, the government and Parliament.

Responsibility for the constitutional and political crisis which has embroiled Malta is self-evidently exclusively Muscat’s. His misjudgement has led the government to this pass. He is accountable. The buck stops with him.

Secondly, although the process of electing a new PL leader will take some five weeks to complete, it is a well-oiled and established system. Moreover, there is no dearth of candidates waiting in the wings to replace Muscat. Most importantly, the machinery of government will not falter without him at the helm.

It is therefore imperative that Cabinet ministers now make it patently clear it is in the overriding interests of the country (and, most pertinently, the prime minister-in-waiting) that the political crisis of the last fortnight – which Muscat’s continued presence perpetuates – should be ended.

While Muscat has demonstrated he is not an obstacle to justice, as some have asserted without supporting proof, it is crucial that the outstanding loose ends – such as whether Keith Schembri should also be in the dock alongside Fenech – be tied up by following evidence-based judicial due process without leaving a scintilla of suspicion that Muscat has had any influence over the investigation team’s decisions.

The conjunction of circumstances that brought Muscat to power – massive electoral majorities, an unchallenged personal authority – has led wrongly to Cabinet government being replaced by prime ministerial government.

In November 1990 it was her Cabinet which forced the redoubtable Margaret Thatcher to stand down from the leadership of her party.

In the interests of good governance, it is now for Muscat’s Cabinet to tell him bluntly to depart immediately – with the same dignity he has displayed throughout this crisis – in the wider interests of the country and his party.

It would be salutary for Muscat to recognise immediately that this is a mess of his own making and staying on for another few weeks simply exacerbates it. Despite a remarkable six years of energetic (but flawed) government and burgeoning national economic success, Panamagate, the 17 Black scandals and the assassination of Caruana Galizia have eroded the reputation of the administration he leads and harmed the country.

This is not the time for partisan positions. Neither is it the time for the parliamentary opposition to be silent. In a national crisis, the Opposition’s duty is to make constructive criticisms and to help calm the country. Nor is it appropriate – if it ever were – for civil unrest by a vocal minority on the streets of Valletta. But overwhelmingly, it is time to embrace the calls by the President of the Republic and the Archbishop of Malta for calm and tolerance. 

A new prime minister in mid-January must take on the formidable task of picking up the pieces and restoring public confidence in government.

He will have 30 months in which to institute much-needed constitutional and institutional reform; to distance himself from the corrupting influence of big business; and to eradicate all traces of corruption and maladministration in government through greater transparency and accountability.

Postscript: this column draws on the consistent line I have taken in my articles of March 27, April 17, May 8 and October 10, 2016; and March 13, 2017.

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