Issue link: https://maltatoday.uberflip.com/i/1170309
3 maltatoday | SUNDAY • 22 SEPTEMBER 2019 NEWS CARUANA GALIZIA INQUIRY CONTINUED FROM PAGE 1 NGO Repubblika subse- quently also cast doubts on the suitability of the members of the board, and PN leader Adri- an Delia called on Muscat to accede to the Caruana Galizia family's request for a meeting. Delia said it was essential that the whole truth emerged from the inquiry, leaving no doubts as to what happened. No criticism levied against inquiry's terms of reference – government In a statement yesteray af- ternoon, the government ac- knowledged that comments had been made on the mem- bers of the public inquiry's board, but noted that no criti- cism had been directed to- wards the inquiry's terms of reference. "The government takes note of comments made on the persons occupying the role of Chairperson and Members of the independent public inquiry appointed on Friday by the Prime Minister," the govern- ment said. "Firstly, the government notes that no criticism was made with regards to the terms of reference." The government went on to defend its choice of members of the inquiry board. "With regards to Mr Justice Emeritus Michael Mallia's role as court-appointed expert in the compilation of evidence proceedings following the murder of Daphne Caruana Galizia, this does not interfere with his role as Chairperson of the Inquiry. In fact, Mr Justice Mallia was appointed as expert upon the consent of all parties involved. "Prof. Ian Refalo's appoint- ment was criticised solely due to his role as a professional lawyer. The right to access to a lawyer and the right of a law- yer to practise his or her pro- fession are cornerstones of the rule of law, and this does not impede a lawyer's judgement. Professor Refalo is well known for his integrity and is a point of reference for the legal pro- fession in Malta. That being said, lawyers are governed by a Code of Ethics. "With regards to the cur- rent role of Dr Anthony Abela Medici as Commissioner for NGOs, it has to be stated the Voluntary Organisations Act provides for important safe- guards of security of tenure for this post. Therefore, the claim that the Commissioner for NGOs is dependent on govern- ment is incorrect." Regarding the Caruana Gali- zia family's request to meet with the Prime Minister, the government confirmed that "contacts are ongoing for the meeting to take place accord- ingly." MATTHEW AGIUS THE family of journalist Daphne Caru- ana Galizia have asked for a meeting with Prime Minister Joseph Muscat to discuss its concerns about the composi- tion of a Public Inquiry Board appointed to investigate whether the murder could have been prevented. Yesterday, the government announced it had launched a public inquiry into Caruana Galizia's murder, presided over by Judge Emeritus Michael Mallia, and also composed of constitutional expert Professor Ian Refalo and forensic expert Anthony Abela Medici. In a statement following the govern- ment's announcement, however, Caru- ana Galizia's family said that the board would "be unfit for purpose if the pub- lic has reason to doubt any of its wider members' independence or impartiality. We ask to meet with the Prime Minister without delay to discuss our concerns in that regard." "Given the gravity of its purpose and its mandate to investigate state institu- tions, justice demands that the board's wider members have no financial or political links to the current political ad- ministration," the family said. NGO Repubblika has also cast doubts on the suitability of the members of the board. "We are now deeply disturbed to learn from the family's statement of last night that the government has not consulted them in any way about the composition of the inquiry. The consequences of this are as grave as they ought to have been predictable," the NGO said yesterday. Professor Ian Refalo's legal representa- tion of the FIAU, which was often the subject of Caruana Galizia's investiga- tions, as well as of Adrian Hillman and Technoline made him unsuitable for the role, said Repubblika. "This is another case where a member of this inquiry board is acting on the brief of someone who cannot be ruled out a priori from involvement in this case." Likewise, Dr Anthony Abela Medici, who holds the position of Commis- sioner for the Voluntary Sector, had no security of tenure in his job. "He serves quite literally at the pleasure of Joseph Muscat and while he is at his mercy, he cannot be considered in any way inde- pendent, let alone impartial." Retired judge Michael Mallia was also "an odd choice", the NGO said. Judge Mallia had been tasked with as- sessing and investigating the content of Daphne Caruana Galizia's work com- puter and is therefore part of the on- going criminal investigations. "His in- volvement in both inquiries is conflicted and by the rules of engagement set out by the government itself yesterday a pa- ralysis for the proper conduct of either inquiry. "We are unhappy the government took almost two years to call this public in- quiry and has done so only after interna- tional outrage and the certain prospect of a third condemnation in the courts for the breach of the Caruana Galizia family's fundamental human rights." Repubblika said the lack of consulta- tion with the family showed that no at- tempt was being made to ensure that the inquiry is genuinely independent or that it allows for justice to be served and to be seen to be served. It pointed to the request that the heirs of the murdered journalist accept fault in a libel case Muscat had filed against the journalist. "This policy of cold indif- ference to the suffering of a bereaving family is exacerbated by a campaign of hatred led by the Prime Minister himself who treats Peter, Matthew, Andrew and Paul Caruana Galizia as if they were per- petrators of a crime rather than victims. The remarks he made yesterday sug- gested they must submit to his mercy if they are not to expect to defend a law- suit, he – Joseph Muscat – filed against their mother when she had not yet been killed for her work." Saying that there was "serious doubt" as to how genuine the government's in- tentions were, Repubblika urged the au- thorities to accept the family's request for a meeting to discuss the terms of ref- erence and composition of the inquiry. In June, the Parliamentary Assembly of the Council of Europe adopted a damn- ing report on the rule of law in Malta which called on the government to set up an inquiry into the assassination within three months of the report's date. The three-month timeframe would have elapsed on Thursday. magius@mediatoday.com.mt Family raises concerns about inquiry board composition Former EP president Antonio Tajani with Peter Caruana Galizia and sons Matthew, Andrew and Paul at the inauguration of the Daphne Caruana Galizia hall in Brussels Murdered journalist's family ask for a meeting with Joseph Muscat to discuss concerns about public inquiry board's composition