Issue link: https://maltatoday.uberflip.com/i/1190498
16 maltatoday | SUNDAY • 8 DECEMBER 2019 INTERVIEW Can you describe the atmosphere inside the Prime Minister's office during your meeting with Muscat earlier this week? First of all, the meeting with Mr Muscat was very different from those before. At previous meetings, I always saw him as overly self-confident; this time, he was much more on the de- fensive, for obvious reasons. He was not able to successfully explain to the delegation why he wants to stay in office any longer. The delegation was very unconvinced by his reasoning, and that was also clearly ex- pressed. Second, while we saw pro- gress in the Daphne Caruana Galizia murder investigation, we couldn't see any substan- tive progress when it came to the long list of corruption al- legations; nor when it came to prosecutions. Some of the cases are rather old. We do not feel that the Maltese justice system is able to fight successfully against fi- nancial crime and corruption. And that is, of course, a major concern for us, as it is also for a concern for many Maltese citi- zens. At this juncture it appears that Mr Muscat was either (naively) unaware of what his chief-of-staff was up to all this time; or that he might have allowed Keith Schembri to be complicit in this sordid affair. What is your own opinion? I can only say that Muscat admitted 'misjudgement'; but I would argue that this is not simply a case of misjudgement. The Prime Minister, together with the finance and justice ministers, have always protect- ed Keith Schembri and Konrad Mizzi, despite evidence that was found by Maltese authori- ties, and which has been in the public domain for some time. This is not just a misjudge- ment; it is basically a case of protecting those who are high- ly-placed suspects in serious crimes… But the evidence you are talking about is connected with financial crimes. Evidence of involvement in the murder is something that only came out in the last two weeks… I'm not talking about the mur- der investigation, at this stage. The discussion with Malta does not focus only – or even primarily – on the murder of Daphne Caruana Galizia. It's about a much more systematic concern over the rule of law in Malta. I don't know who is behind the murder; I'm not an investi- gator, and I'm not in a position to divulge what the police told us. It is really up to Maltese in- stitutions to disclose what they have found. But what is clear is that Schembri in particular, but also Mizzi – and to a certain extent, also Chris Cardona – were in- volved in a whole number of suspicious procedures. The fact that none of them faced any consequence for that is not only misjudgement; it is a case of protecting public officials suspected of serious crimes, in some of the highest positions in government. And that is very serious. There seems to be a form of double standards among the Maltese public. What I mean by this is that… the Daphne case was really too much. So, we had very firm promises by the Prime Minister to find those responsible. On the other hand, we have never seen the same commitment to ensuring the rule of law when it came to corruption and finan- cial crime. This simply shows us that there is a problem in the con- stant application of the rule of law in Malta. Muscat has announced that he will resign, but he could still attend the European Council of 12 December. Do you think Muscat should not go there for his last meeting as Prime Minister? Yes. I think the best scenario would be that he steps down immediately. There is a vice premier [who could attend in his stead], so I don't see why this would cause a major dis- ruption. But the problem is that Mus- cat is putting all Europe's heads of state into a difficult posi- tion; because they have to make common decisions – shake hands, and so on – with some- one who has obviously protect- ed corrupt practices in his own government for years: despite knowing better, to say the very least. This is causing deep concern for the public legitimacy of the next Council, and I indeed think Muscat would be best advised to step down before the next meeting. It's already bad enough that the Christian Democrat [Hungarian premier] Mr Orban is still attending… You have suggested that procedures begin to apply Article 7 against Malta. A lot of people here, who voted for Muscat's Labour Party in good faith, are now asking the question: why should the entire country be punished for the actions of its government? That is a misunderstanding. What we are demanding is not to open Article 7 now; but to start the preparations for this to happen later. This means starting a structured dialogue between the European and Maltese institutions over the consistent application of the rule of law. This is not a 'punishment' for Malta; it is a chance to regain the trust and reputation, which your country needs in order to be successful in the future. So, I think it is a very serious misunderstanding. Even now, your reputation as a financial centre has suffered. Also, the i-gaming industry depends on a location that has a good reputation when it comes to governance. If this does not change, Malta will be harming its own economic prospects. European institutions can help to shift the balance of forces in Malta. That is very important. And I would ar- After this week's EP Rule of Law committee's fact-finding mission, MEP SVEN GIEGOLD argues that Malta is now a 'test-case' for the new European Commission's resolve to tackle corruption and financial crime More than just 'misjudgement' Raphael Vassallo Raphael Vassallo rvassallo@mediatoday.com.mt