Issue link: https://maltatoday.uberflip.com/i/1185664
3 maltatoday | SUNDAY • 17 NOVEMBER 2019 NEWS Camilleri insists this is ex- actly her case. "I know that the courts have given suspended sentences for countless others who have cultivated cannabis plants in more advanced stag- es than mine. That is why I cannot understand the harsh- ness of the sentence." Camilleri also says that it was evident that the way the plant was being cultivated was ex- pressly for her personal use. "This was just one plant be- ing cultivated on my roof, still in its juvenile stages. It was months away from flowering, and there were no artificial aids assisting it. You cannot say that it was anything but personal use." Justice Minister Owen Bonn- ici has now said he will be "se- riously looking into" the case, telling Lovin Malta he would change the law – potentially intervening in the case itself – once he ascertains all the facts around the case. "I assure you I am taking this very seriously, but it's a delicate matter and we cannot rush into it," Bon- nici said. Camilleri had told the court she used cannabis to person- ally deal with anxiety, and that she smoked around six joints per day. But as the magistrate who decided on the sentence said, the law surrounding the cul- tivation of cannabis "fails to suitably distinguish who truly deserves effective imprison- ment." Bonnici said that changes would have to be approached with caution, fearing that Malta could end up in a situa- tion where mass cultivation of cannabis at home is encour- aged. The magistrate did suggest that sentencing in such cases should sometimes be under the discretion of the courts. But Bonnici said it was imper- ative to streamline laws when it comes to personal use. Prior to Malta's decriminali- sation reform, cannabis users could be sent to prison for simple possession. AN independent public inquiry into Daph- ne Caruana Galizia's murder can finally get underway after important changes were announced last Friday. After an agreement was reached between the journalist's family and the government, the board conducting the inquiry now has two new members. Former judge Michael Mallia has been re- tained as chair of the inquiry board but he will now be joined by former chief justice Joseph Said Pullicino and sitting judge Abi- gail Lofaro. The change comes after the Caruana Galizia family had objected to the presence of constitutional expert Ian Refalo and fo- rensic expert Anthony Abela Medici on the initial board announced in September, in- sisting the former had a conflict of interest, and the latter's expertise was irrelevant. But as significant in Friday's announce- ment was the news that the public inquiry's terms of reference have also changed. MaltaToday analysed the seven salient changes to the terms of reference: 1. Killing is now referred to as an 'assas- sination' not a 'death' The old terms of reference specified that the inquiry would be investigating and re- porting on the "death" or Caruana Galizia and on whether the "death" could have been prevented. The new terms of refer- ence, however, do away with references to her "death", and instead use the term "as- sassination". This may appear a minor detail but the updated terms are closer to the truth, given that there is no doubt Caruana Galizia's 'death' was premeditated murder. 2. State's possible wrongful actions in- clude having 'caused' murder The previous terms said that the inquiry would have to determine whether any wrongful action or omission by or within any State entity could have facilitated the assassination or failed to prevent it, par- ticularly whether the State knew or should have known of risks to Caruana Galizia's life "at the time" of her murder. The updated terms add that the inquiry will also consider whether the State not only knew of, but "caused" risks to her life. They also remove the words "at the time", essentially broadening the period within which the State could have failed to stop the assassination. 3. Board has to publish inquiry report The board is now bound to presenting the inquiry report to the Prime Minister and Attorney General, to notify the public that the inquiry has been concluded and presented to the Prime Minister, and, most notably, to publish the report within eight working days from when it is delivered to the Prime Minister. The Prime Minister has to table the re- port in Parliament within five days of re- ceiving it. The original deadline of nine months within which the inquiry must be completed has remained in place. 4. Further qualifications on inquiry's pub- lic nature The old terms specified that the board could carry out particular hearings in cam- era to protect the investigation's confiden- tiality, but the new terms also allow it to restrict the disclosure or publication of any document or evidence to safeguard such confidentiality. They are also more clearly defined on the circumstances when in camera proceedings and restricted publi- cation of documents or evidence are neces- sary, specifically referring to protecting the safety and rights of witnesses, of national security and other sensitive information, and for the avoidance of prejudice to other proceedings. 5. Family to be given access to full inquiry report, including redactions Although the terms allow for restrictions on the publication of the document, it spec- ifies that the board must provide the family with the opportunity to read the full report, including the redacted parts, without being granted copies of the text underlying any redactions. The family are also prohibited from divulging the redacted content. 6. Family and public could be allowed to participate The original terms say that the board can regulate its own procedure on all matters, including the question of access by Caru- ana Galizia's family and the public to the inquiry's proceedings and acts. The latest terms add that it can also regulate the mat- ter of participation by the family and public in such proceedings. 7. Board can appoint experts to assist it The board can now appoint persons such as technical assistants and experts in par- ticular fields to assist the inquiry, as long as such persons are independent and impar- tial. The seven salient changes in the terms of the Caruana Galizia public inquiry The terms of reference of the public inquiry into Daphne Caruana Galizia's murder have been changed. MASSIMO COSTA reports on the salient differences between the first attempt and now