Issue link: https://maltatoday.uberflip.com/i/1202670
5 maltatoday | WEDNESDAY • 22 JANUARY 2020 NEWS ǡ ʹ͵ ǡͳͻͻͲȋͳͻͻͲȌǤ ǣ ͳȌ ʹȌǡ ͵Ȍ ͶȌ ͷȌ Ȍ ͷǡ ͳǦǡͳͳ ǣͲͶͳ George Degiorgio wants judge to order secret service chief to answer on phone tap warrant ONE of the men accused of car- rying out the murder of journal- ist Daphne Caruana Galizia has asked a court to order the head of the Security Services, Joseph Bugeja, to explain whether a warrant had been issued against him before his phone was tapped after the latter refused to answer a question in court. George Degiorgio, who stands accused of the murder together with his brother Alfred and Vince Muscat, filed an application be- fore the First Hall of the Civil Court in its Constitutional juris- diction, explaining that in the last sitting, inspector Keith Arnaud had testified that he did not know whether or not the phone tap ev- idence against the accused had been obtained through a warrant. Later in that sitting, reads the application, Bugeja had told the court that the warrant in ques- tion had been issued in February 2017 in connection with "some other crime that is certainly not the homicide," which was carried out months later. Bugeja had re- fused to exhibit this warrant. Lawyer William Cuschieri, for Degiorgio, had asked the witness whether a warrant against the man had ever been issued with regards to the Caruana Galizia murder. Bugeja had refused to answer that question. This led to the filing of the Con- stitutional application by Cus- chieri, who argued that the ques- tion was pertinent and relevant to the case at hand and that an answer was required at law. There is nothing in the law that prohibits a witness from answer- ing the question, reads the appli- cation. Cuschieri asked the court, pre- sided by Mr. Justice Toni Abela, to "order the Head of the Security Services to answer the question made to him…under the pro- visions which this Honourable Court sees to be fitting and op- portune." George Degiorgio CONTINUED FROM PAGE 1 The public call will be issued by the Public Service Commission, a constitutional body, and all those interested in the job can apply. The criteria for ap- plying have yet to be determined. Abela said the Commission will then whittle down the candidates to two. The Prime Minister will then choose the police chief from the two final candidates. However, before appointing the person, the cho- sen individual will have to be scrutinised by Parlia- ment's public appointments committee. "This process will increase the scrutiny carried out by independent organisations," Abela said during a press briefing in which he was flanked by Home Affairs Minister Byron Camilleri and Justice Minister Edward Zammit Lewis. Asked why he would not adopt the two-thirds majority proposal made by the Nationalist Party, Abela said the suggestion was not in line with rec- ommendations made by the Venice Commission. "The Venice Commission had proposed 'public competition' for this role, and we feel that a two- thirds majority vote was not in line with such a rec- ommendation," Abela said. The Prime Minister said that he wants a "serious" police commissioner, who is left to independently carry out his work. Asked if any time frames had been set, Abela said the process to change the law will be carried out in the swiftest manner possible so the country can get a new police commissioner. Former police commissioner Lawrence Cutajar came under fire from civil society groups cam- paigning for good governance over the police's handling of serious allegations involving people in power. Cutajar was appointed police commissioner in 2016 after the resignation of Michael Cassar. He was the fourth police commissioner appointed by the Labour government since coming to power in 2013. Cutajar resigned soon after Abela was sworn-in as prime minister last week. The PN's proposal The Nationalist Party proposed that the police commissioner be appointed by a two-thirds parlia- mentary majority after being grilled by MPs. The change aims to remove the prime minister's sole discretion in appointing the police commis- sioner, while giving the police chief security of ten- ure. The PN proposal says the police commissioner can only be removed from his post after a two- thirds parliamentary majority approves a motion to this end. The draft law was presented to the Speaker by the Opposition on Monday. It was signed by Opposi- tion leader Adrian Delia, deputy leader David Agi- us, and MPs Jason Azzopardi, Beppe Fenech Ad- ami, Chris Said, Karol Aquilina and Robert Cutajar. The PN had initially proposed such a system to appoint the police commissioner during the previ- ous legislature. This is the first time that a Bill has been put forward. The PN urged Prime Minister Robert Abela to accept the proposal and ensure it is approved by parliament in the shortest time possible. "We urge the government not to leave this draft law sitting on the shelf, but make sure that it is in- troduced in parliament's agenda as quickly as pos- sible… the Opposition is willing to discuss this law as early as next week," Delia said. The draft makes no provision in the eventuality that parliament fails to agree on a name, in which case the constitutional deadlock could leave the country with no police commissioner for weeks and possibly months. PN presents two-thirds majority proposal Police commissioner appointment