Updated 6.13pm with PL reaction
Landmark magisterial inquiries related to the hospitals scandal, 17 Black and the Panama Papers would not have happened under a new proposed changes to how inquiries, according to Jason Azzopardi.
The lawyer's recent requests to investigate various ministers spurred the government to present a new bill that, once approved by parliament, would dramatically change the way citizens can request a magisterial inquiry. The new law would direct people to approach the police first, before filing a request with a judge six months later.
Reacting to the proposed reform, Azzopardi, a former PN MP, said it showed the government had a "complete lack of trust in the courts, because now you first have to go through [police commissioner] Anglu Gafa and give him six months.
"After CCTV footage is erased, servers wiped clean and all traces of crime hidden, you will then be asked to go to the criminal court, where you will need to show the judge that six months prior, there was footage and emails that have now been erased, but which must be preserved as evidence," he continued.
What was announced today would have prevented inquiries into 17 Black, VGH and Panama Papers from being opened. The criminal organisation is working well," he concluded.
'Scandalous that citizens have to collect evidence' - PN
In a statement, the Nationalist Party said that through the proposed changes, the government had confirmed it would be depriving people of the right to initiate such inquiries.
"Robert Abela and [justice minister] Jonathan Attard want to seize power from the hands of the country’s magistrates and instead hand it over to the Police Commissioner," PN said, adding that the amendments represented a vote of no confidence in the courts.
It was scandalous, the PN said, that the government was also proposing that it should be the citizen who investigates, collects, and presents evidence before the authorities when this is the primary role and purpose of the magistrate in a magistral inquiry.
'Police have refused to investigate corruption' - Repubblika
Rule of law NGO Repubblika echoed Azzopardi's statement that the major inquiries into serious cases of alleged corruption would not have been allowed to happen under the proposed reforms.
"As we have seen repeatedly in Malta over the past 10 years, the police have consistently refused to investigate and act on major corruption. Citizens' access to the judiciary allowed us to appeal to a branch that is constitutionally independent of the government, ensuring that the law is upheld even when high-ranking government officials break it," Repubblika said, reiterating its call for effective consultation.
Former Repubblika president and lawyer Robert Aquilina said that through the proposed amendments, the prime minister was transferring power from the courts to Gafà and Attorney General Victoria Buttigieg.
"Thus, they can close the doors of justice to honest people. This is fascism. This is anti-democratic. Robert Abela is burying justice in our country and proclaiming a kingdom of delinquency," he wrote on Facebook.
PN in favour of abuse of justice - PL
In a counter-statement, the PL accused the Opposition of wanting an “à la carte approach in relation to the rule of law” and insisted the reform is against abuse of justice and fairness.
“It is not denying any rights”, rather the reform “shows confidence in all state institutions that should always work towards the search for truth.”
In its statement, the PL said the Opposition is finding it difficult to distance itself from partisan politics and is against new statutory rights that will be granted to victims and their relatives so that as far as legally sustainable, they will have information about the inquiry process.