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2 maltatoday EXECUTIVE EDITOR Matthew Vella MANAGING EDITOR Saviour Balzan Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 7 JUNE 2020 Confronting the skeletons of the recent past Editorial THE POST-COVID-19 'RETURN to normality' can- not simply be a question of going back to work and kickstarting the economy. It is also crucial to restore a sense of institution- al normality: which was seriously undermined by the implication of high government officials in an assassination plot, which ultimately led to Jo- seph Muscat's resignation and the election of Rob- ert Abela as party leader and Prime Minister. While the government should obviously not in- terfere in police investigations, the public per- ception is that there is a general reluctance to act beyond the current court proceedings against Yor- gen Fenech: the suspected mastermind behind Daphne Caruana Galizia's murder. But this trial alone cannot solve what appears to be a complex case, featuring a number of sub- plots. The roller coaster testimony of Melvin Theu- ma – who has been offered a Presidential pardon in exchange for revealing all that he knows about the case – has already implicated a number of peo- ple beyond the prime suspect. While some of this is based on hearsay, it is vi- tal that each element in the puzzle is fully investi- gated. It is still astonishing that, all these months later, we have never learned on what happened to Keith Schembri's mobile, and whether investi- gations have continued, at the very least, into the possibility of obstruction of justice. It is also unclear whether Kenneth Camill- eri – a former security aide to Muscat, also men- tioned by Theuma – was and is being investi- gated. Even more baffling is the fact that the bomb-makers are still on the run. In this context, the new Police Commissioner has the responsibility of giving leadership to the po- lice, and reassuring the public that no stone real- ly is being left unturned. That makes it even more vital that the new commissioner enjoys widespread trust and, is seen as someone who has no qualms in conducting the investigation without fear and favour. Ideally, the new commissioner should be held in the same esteem as Public Health Superinten- dent Charmaine Gauci was held during the COV- ID-19 crisis. Surely, he or she will be walking on a minefield; but this is all the more reason why the new Commissioner needs to assume a more pro-active public profile, and win over hearts and minds across the political divide. The only way to do this is to put an end to the in- stitutional paralysis which has neutered the police force ever since the first Panama Papers revela- tions in 2016. It remains a mystery to this day why inquiries related to 17 Black remain unfinished. Moreover, in view of revelations during last Tuesday's court sitting – in which his name sur- faced in transcripts of recordings – Chris Cardona would do well to resign his post as deputy leader of the Labour Party: not as an admission of guilt, but to remove any perception of being politically pro- tected from any investigations in his regard. Cardona has every right to protest his inno- cence, but he can't fight his battles as the deputy leader of a party which needs to turn a new leaf. But beyond judicial truths, political truths also have to be established. Former PM Joseph Muscat is duty-bound to answer questions about his re- lationship with Yorgen Fenech and Keith Schem- bri; and to reveal when exactly he himself became aware of the assassination plot, and when he be- came aware of Keith Schembri's knowledge of it. Truth has also to be established regarding what exactly happened during a stormy Cabinet meet- ing which ultimately led to Muscat's resignation. If need be, Parliament should appoint a committee to hold sittings in which the former Prime Minis- ter and other officials are grilled on the political overtures of this case. Above all, Robert Abela cannot afford to be seen as a protector of his predecessor. It is time for him to detach himself from continuity from the former administration, and prepare his party for its reck- oning with its recent past. So far, the Labour party and its media has ignored this part of Muscat's legacy completely. The ab- sence of a strong opposition is no excuse for car- rying on business as usual. For any failure to make progress on the justice and corruption front, will inevitably take the country back to the tense De- cember weeks. Nonetheless, a vast segment of the population has so far given Abela the benefit of the doubt. Now, the Prime Minister needs to justify this trust by ensuring that, under his watch, investiga- tions are indeed taking place without fear or fa- vour. Polls showing that Abela enjoys even greater support than Joseph Muscat should make him more – not less – pro-active, in ensuring that jus- tice is done and seen to be done. Yet to date, Abela's behaviour suggests that he has very little will to confront the skeletons left in his Castille closet by his predecessor. 6 June 2020 Court rules against Brussels in 'identical' Malta car VAT case Labour's campaign to get government to refund some €50 million of VAT levied on registration tax charged on motor vehicles, has been imper- illed by the European Court of Justice in a case against the European Commission. The ECJ ruled against the commission in the case brought against Poland over the inclusion of car registration tax within the taxable amount – the sale price – of VAT on new vehicles. The Commission believed that the car tax should not be included in the taxable amount of VAT, but the Court of Justice said Poland – whose tax system was similar to the Maltese – had not fallen foul of European law. The Labour party is pursuing a court case against the government on behalf of some 18,000 consumers who signed a court writ for a refund on VAT paid on vehicle registration tax. The total amount of refundable VAT would amount of €50 million, representing the VAT charged on the proportion of the final sale price, that was made up of registration tax: tax levied on the importation cost by the car importer. The refunds would cover all car sales made since 2004, the year of Malta's entry into the EU. Labour's campaign started after European Commissioner for taxation Laszlo Kovacs said that VAT should not have been charged on reg- istration tax. The European Commission first opened in- fringement procedures against the Maltese gov- ernment in 2008, but then closed the case in 2009 when Malta changed its registration tax regime to an emissions tax. However, the Com- mission's steadfast belief that registration should not be added to the car value on which VAT is levied, appears to have been challenged by the European Court of Justice. When the Commission opened its infringe- ment cases against Malta and Poland, it had stat- ed that the car taxes were identical to those in the Danish base, where the ECJ ruled that the registration tax must not be included within the taxable amount of the VAT charged on the sale of the vehicle. But in the case against Poland, decided recent- ly on 20 May, the ECJ did not follow the Danish precedent, which it cited, and instead found sim- ilarities with another case brought against the Netherlands... Quote of the Week "What Melvin Theuma testified in court was not what he saw, but what other people told him... There is what is called circumstantial evi- dence which is evidence but needs to be [substantiated]." Labour deputy leader Chris Cardona MaltaToday 10 years ago