The Police Commissioner has asked the court to reject Repubblika's request for the prosecution of former Pilatus Bank officials.

Last week, the civil society group filed an application calling on the courts to order the police to prosecute Pilatus Bank following the conclusion of a magisterial inquiry that found evidence of money laundering and criminal association.

But according to Angelo Gafa`, the civil society's request did not satisfy the rigorous legal requisites necessary for such challenge to succeed.

Repubblika based its request upon the conclusions of a magisterial inquiry which appeared to have found evidence of criminal activity, including possible trading in influence between the former Bank chairman Ali Sadr and former OPM chief of staff Keith Schembri.

However, the Police Commissioner has now rebutted that challenge proceedings were not applicable in such a scenario.

Such proceedings, envisaged under article 541 of the Criminal Code, are to be applied “rigorously” and only in those cases expressly laid out in terms of the law.

Challenge proceedings were “extraordinary” in nature since the criminal action is essentially a public action handled by the State, except in specific instances where the law itself requires a complaint by the injured party or handling of the action by a private party.

Moreover, challenge proceedings entered into play only when the police refused to take criminal action after a person has put forward “information, a report or complaint (kwerela)", he noted.

Only then - once procedural requisites have been fulfilled -  can that person move on to challenge the Commissioner in court.

Challenge proceedings were not to serve as a “fishing expedition” and were never intended to enable a party extraneous to a magisterial inquiry, to draw information from that inquiry, thereby possibly prejudicing ongoing work by the police, he said.

Finally, when people living abroad were concerned, the process of bringing them back to Malta depended on various factors, such as locating the person in the first place. A judicial process in the foreign country would then kick off to have that person sent to Malta.

Police might also need to follow up new evidence to strengthen their case and avoid being met with claims of double jeopardy.

In light of such arguments, the Police Commissioner requested the court to turn down Repubblika’s request.

Superintendent Frank Anthony Tabone and Inspector Pauline Bonello signed the reply on behalf of the Police Commissioner.