The title of this piece is not just the title of the famous song album by Matt Bianco. It is a direct question to Victoria Buttigieg, our attorney general, whose salary, like mine, is paid by Maltese taxpayers who expect her to do her duty to earn it.
I would like to recall the duties of an attorney general, as stated on the official Malta government website: “The Office of the Attorney General is the constitutionally independent prosecution service of the Republic of Malta.”
The operative word there is “independent”, the dictionary definition being “not subject to anyone’s authority or control”.
The law passed in 2019, following the advice of the Venice Commission, separated the office of the attorney general, which is directly responsible for public prosecution, from that of the state advocate, whose duty is to act as legal advisor to the government.
This means that the role of the AG and her office is to focus exclusively on criminal prosecutions.
According to law No. 25 of 2019, the functions of the AG are to demand the commissioner of police investigate any crime and provide information about it and to issue charges for that crime.
More importantly, the attorney general, or any member of her office that she may designate, is to conduct court proceedings in the prosecution of crimes that are liable to imprisonment.
Buttigieg was handpicked for this position following the retirement of her predecessor, Peter Grech. Last week, she put her status and her office in the limelight because of a measure she chose to take which, to say the least, is questionable from the perspective of equal justice for all.
She chose to conclude a deal with a criminal who was allegedly prepared to kill brave police officers in order to get away with money stolen from a bank. More than 65 bullets were fired at the police and Darren Debono could not claim that he was not present at the time because he allegedly had a police bullet lodged in his jaw.
Dr Buttigieg, you are supposed to be defending common, law-abiding citizens from criminals and liars- Vicki Ann Cremona
Her decision has saved him from a potential 30-year imprisonment sentence that has, instead, been reduced to a 10-year stint. It has devalued the sterling work done by our police officers and rubbished the life-threatening work they do; the very police who defend us from criminals that do not hesitate to shoot at them rather than give themselves up.
Let us not forget that the stalwart former police commissioner, John Rizzo arrested David Gatt, a former police officer and, subsequently, a lawyer in the firm of former minister Chris Cardona on suspicion of masterminding this very same bank heist.
Gatt, who had been sacked from the police force because he was suspected of having been in contact with criminals, was later acquitted. It is telling that this particular bank heist has thrown suspicion, yet unproven in a court, on one sitting minister, Carmelo Abela, and, possibly a former minister, Cardona.
Let us recall who Debono is. Also known as it-Topo, he took part in a burglary at the HSBC headquarters in 2010, allegedly together with Vincent Muscat, who has admitted to participating in the murder of Daphne Caruana Galizia.
Debono was one of the criminals who shot repeatedly at the police and he certainly wasn’t playing at ‘cowboys and indians’ at the time.
It took him 12 whole years to admit his guilt. As a result of the deal reached with the AG, he is no longer accused of attempted homicide. In other words, he is no longer considered by prosecutors as guilty of having put hard-working persons’ lives at grave risk.
The AG wanted the case against Debono to be considered as res judicata, that is, one which cannot be pursued further in court.
Debono will now be testifying in the trial of Muscat concerning the very same hold-up. Will his testimony throw light on the names of the real masterminds behind all this?
Given Debono’s long silence and erstwhile condemnation for perjury, one is justified in thinking that this is rather dubious.
Basically, the man has got off very lightly for his criminal action, which could have resulted in innocent police officers being killed.
Let us not forget that a year’s imprisonment is equivalent to nine months and that there are presidential and other pardons which prisoners may benefit from.
It is only thanks to the ruling given by the court, following the plea of the defence lawyers, that Muscat’s case is now being referred back to the magistrates’ court to conduct a compilation of evidence in order for Debono to testify there.
In this way, Muscat will be able to take cognisance of the evidence collected by the prosecution against him.
Who stands to benefit from this type of bargain? Surely not the members of the police force and, probably, not true justice.
So, I repeat my initial question: Dr Buttigieg, you are supposed to be defending common, law-abiding citizens from criminals and liars.
You owe the public an explanation for your decision.
Whose side are you on?
Vicki Ann Cremona, member of Repubblika