How time flies. It has been five years since the brutal murder of Daphne Caruana Galizia. In no time at all, forces had just been set in motion that would not only lead to a once mighty businessman’s fall from grace but would also change Maltese society forever.

The lapse of five long years would reveal the full extent of high-level corruption and the control that the mafia had over our state. There is a term in political science for what we learned the Maltese state to be: a ‘captured state’. Learning the full extent of what was wrong was, at the time, the absolutely necessary first step towards healing the state and society. But the price we had to pay was still too high.

Today, we can still hope that, even though all those who, directly and indirectly, ordered the hit have not been punished, there is a chance that this heinous crime will eventually result in an improvement in the administration of justice in the country. This was an assassination in a nation rapidly losing its normality that had a profound impact on society, dividing the country into a before and an after.

Daphne died a violent death because she had proactively exposed and warned of criminal activities by a number of individuals who enjoyed impunity. That is why her death has become a palpable symbol of a gross dereliction of duty on the part of the state. However, what determines a country’s nature is not so much whether this kind of tragedy can take place as what happens afterwards.

For the killing of a journalist is political, in the sense that it affects everyone because of the work journalists do. It is the test of normality that a country passes or not, depending on the degree of public outrage that it provokes and the intensity of the social changes that it brings about. From this perspective, Malta has clearly failed the test. Daphne’s murder triggered the most widespread protests lasting months, running into years and resulting in a major cabinet reshuffle, including the replacement of the prime minister.

The evidence gathered so far gradually lifted the veil on the complex web of Yorgen Fenech’s contacts. People were astounded to learn how many public officials had betrayed their office. Despite his well-known impropriety over years, Fenech seemed untouchable until he was arraigned. Undeniably, he had the protection of powerful officials.

The problem was by no means limited to executive bodies as might initially have appeared. A more detailed examination of the background leading to the current situation quickly reveals that the issue is not entirely a matter of the impotence of political bodies. State prosecutors can launch criminal proceedings solely on the basis of the results of police investigations, which suggests that the impunity of certain shady individuals may result from lack of action on the part of agencies that are accountable to the government.

Simply put, if the police refuse to investigate, the courts have no cases to try. For it was not only specific individuals who failed but also, within their local remit, the institutions themselves that were supposed to prevent such failings.

This would suggest that the changes brought about by the mass protests following Daphne’s killing, including the prime minister and cabinet seats, were bound to have at least one logical consequence, that of a more proactive approach on the part of the law enforcement agencies.

The legal framework for tackling corruption and existing integrity mechanisms need to be reformed- Mark Said

Following Joseph Muscat’s resignation, several leading figures in the police force were replaced and. before long. criminal charges were brought in a number of cases that the police failed to tackle before Daphne’s murder.

This has untied the hands of police investigators, injecting their work with renewed vigour. Charges were brought and court proceedings were launched. State prosecutors bringing charges in high-profile cases have gained the attention and sympathy of the media.

The events have also affected the journalistic profession. If the individuals who ordered the killing believed that the deed would intimidate journalists, they could not have been more wrong.

If anything, since Daphne’s death, Malta’s media have only grown more confident. Fenech’s and other related trials have received unprecedented coverage. Opinion pieces provided not just an account of the proceedings but also an independent evaluation of the evidence presented.

Daphne’s murder continues to impact political developments. In spite of the public inquiry’s report of 2021, the government, under Robert Abela, failed to strengthen democracy and the rule of law. It has been slow to tackle corruption or improve integrity mechanisms. Instead of embracing the comprehensive recommendations proposed, the government has largely confined itself to updating its anti-corruption strategy in a routine manner.

For stopping and reverting the democratic backsliding, it is not sufficient to conclude the trials of the alleged murderers of Daphne and their backers. The legal framework for tackling corruption and existing integrity mechanisms need to be reformed.

Looking at the murder from the human, rather than systemic, perspective, one feels the need for catharsis, a longing for moral satisfaction that stems not from political victory or comprehensive reform but only from a just verdict. And a just verdict can only be achieved when full and true justice is done with all those involved and implicated in Daphne’s meticulously and laboriously planned murder. Today, we are nowhere yet at the finish line.

Mark Said is a lawyer.