Issue link: https://maltatoday.uberflip.com/i/1316125
5 maltatoday | WEDNESDAY • 9 DECEMBER 2020 NEWS CONTINUED FROM PAGE 1 "The current reform package is flawed and incomplete in important respects, the gov- ernment is not willing to take the urgent action necessary to correct it, and the government demonstrates no appreciation of the need for an open, inclu- sive and genuinely democratic reform process. He said Malta had not "end- ed impunity" for high-level corruption. "Despite new laws, new officials and even a few arrests, no-one has been pros- ecuted – it is as simple as that." He added that the criminal proceedings into the Carua- na Galizia assassination were extremely complicated and lengthy, without clarity and certainty. "On the contrary, there is great confusion. Sev- eral circumstances have given rise to doubts over the integ- rity and reliability of proce- dures. The public inquiry has been incredibly illuminating, but its independence has been attacked, and it will lead only to recommendations, not to verdicts." The CoE's committee on le- gal affairs and human rights, endorsing Omtzigt's report, called on the Maltese govern- ment to respect the public in- quiry's independence fully, and to refrain from any attempt to impose an arbitrary time-limit on its work. Omtzigt revealed that in Sep- tember 2020, he was contacted, for the second time, by Wayne Jordash QC, a British lawyer in- structed by Yorgen Fenech. "Mr Jordash asked to meet me in order to discuss his claims that Mr Fenech's right to a fair trial had been violated by prejudicial statements made by various in- dividuals in Malta. As the sub- stance of these claims was sub judice in Malta, I declined Mr Jordash's invitation." Omtzigt had previously re- ferred to eight situations re- lating to alleged high-level corruption and called on the Maltese authorities to "end the prevailing climate of impunity by robustly investigating and prosecuting those suspected of being involved in or benefit- ting" from them. According to the MP, the Po- lice Commissioner said he had been notified of the results of a magisterial inquiry into the allegations of kickbacks on which the police is following up with more investigations as instructed by the inquiring magistrate. Four persons, including those Omtzigt refers to in his letter, have been put on police bail pending further investigations. "Although not specified, I assume that this refers to the 'golden passports' affair con- cerning payments of €100,000 to Keith Schembri from Bri- an Tonna, auditor of Schem- bri's companies and owner of a golden passport agency, that allegedly originated with three applicants for golden pass- ports," Omtzigt said. Apart from this, the letter from the Police Commission- er states only that the police are "investigating various al- legations that were put for- ward by Ms Daphne Caruana Galizia… there are various in- stances where the Malta Police is collaborating with inquiring magistrates who have been en- trusted or asked to investigate certain allegations." The Police Commissioner further notes that the police Financial Crime Investigations Department has been rein- forced under new leadership and insists that the police "will not rest until investigations in- to serious allegations are con- cluded." Omtzigt described the pub- lic inquiry as having produced "spectacular evidence of cor- ruption and misconduct in public office", when compared with the magisterial inquiries and police investigations. The MP complained that despite revelations made in the compilation of evidence against Yorgen Fenech, Keith Schembri remained at liberty, even though he was suspected of multiple attempts to pervert the course of justice and, re- portedly, accused of direct in- volvement in the murder plot. "Mr Fenech testified that his relationship with Mr Schem- bri was 'fraternal'. Mr [Joseph] Muscat remained in office until 13 January 2020, a crucial peri- od for the investigation, despite allegations that multiple mem- bers of his office had engaged in suspicious activities with Mr Fenech and Mr Theuma. "It has since emerged that in February 2019, Mr Fenech at- tended Mr Muscat's birthday party and gave him bottles of wine worth thousands of eu- ros. On other occasions, he had given him watches worth tens of thousands of euros. For much of 2019 – a period during which Mr Fenech was a sus- pect in the murder case and, on Mr Muscat's instructions, under covert surveillance – Mr Fenech, Mr Schembri and Mr Muscat exchanged hundreds of messages through their own private WhatsApp group. Dur- ing the same period, Mr Fenech also exchanged hundreds of WhatsApp messages with Mr Mizzi and with current minis- ter for justice, Edward Zammit Lewis." 'The government demonstrates no appreciation of the need for genuinely democratic reform' Peter Omtzigt: "Despite revelations made in the compilation of evidence against Yorgen Fenech, Keith Schembri remained at liberty." Several circumstances have given rise to doubts over the integrity and reliability of procedures. The public inquiry has been incredibly illuminating, but its independence has been attacked, and it will lead only to recommendations, not to verdicts