Issue link: https://maltatoday.uberflip.com/i/1506631
6 maltatoday | WEDNESDAY • 30 AUGUST 2023 NEWS NEWS MATTHEW AGIUS JOSEPH Muscat's bid to exhibit a copy of the court application filed by Repubblika, kick-starting the criminal inquiry into the Vitals hospital deal, without the author- isation of the inquiring magis- trate has been rejected by a judge. This emerged as Muscat's case, in which he is calling on the court to declare that the provision of the law under which the inquiry had been opened, breached Mus- cat's right to a fair hearing, con- tinued before Madam Justice Do- reen Clarke this morning. The court is being asked to de- clare that the provision of the law used to base the inquiry request on, breached Muscat's right to a fair hearing by creating a distinc- tion between those individuals identified as suspects in the initial stages of the inquiry and others who became suspects later, dur- ing the course of the inquiry. He is also seeking a ruling to the effect that the section of the law regulating the recusal of magistrates breached his rights, because recusal requests are de- cided by the same member of the judiciary whose recusal is sought and not determined by an inde- pendent and impartial tribunal. Last month, the Court had also turned down Muscat's request for an urgent interim measure that would have immediately taken the magisterial inquiry into possible corruption in the sale of public hospitals to Vitals Global Healthcare out of Magistrate Ga- briella Vella's hands. A note had been filed yesterday by Muscat, lawyer Isaac Zam- mit, representing the Office of the State Advocate together with lawyer James D'Agostino, told the court this morning. Attached to that note were two documents, including a copy of Repubblika's 2019 application, requesting the commencement of the inquiry in genre into the VGH deal. Last month the Reg- istrar of the Criminal Courts had taken the witness stand and exhibited a decree, which had been handed down on 19 July, in which the inquiring magistrate had authorised the exhibition of some of the documents request- ed, but not all. Zammit drew attention to the fact that the exhibition of the first document singled out in Muscat's note had already been requested and refused by the inquiring magistrate, Gabriella Vella. He asked that the docu- ment be expunged from the acts of these proceedings. Muscat's lawyer Charlon Goud- er opposed the expungement request and asked the State Ad- vocate to indicate where the re- quest for its exhibition had been refused in the decree in question. D'Agostino indicated a page number for the relevant docu- ment in the case file. "There is a 'no' written next to it," he ex- plained. "What the decree allows is limited to the documents listed in it, to the exclusion of everything else," argued the lawyer. The judge agreed with the State Advocate's submissions and al- so upheld the State Advocate's request for the expunging of the document. The court announced that due to a misunderstanding, it had on- ly received the requests to issue summons for today's sittings last Thursday. They had been sent out the next day, but the witness- es requested, namely Robert Aq- uilina, the Commissioner of Po- lice and Alessandra Dee Crespo had not yet been served with the summons. Gouder told the court that he intended to examine the Police Commissioner after Robert Aq- uilina testified because he would be basing his questions to the police chief on the latter's testi- mony. D'Agostino told the court that he was concerned about the wide scope of the Commission- er's testimony, as laid out in the summons and questioned its rel- evance. "We fear he will be asked about any documents which deal with Joseph Muscat. The aim ap- pears to be to obtain disclosure, which is not the point of these proceedings." Gouder denied this was the in- tention. The judge said that she would deal with the questions on an in- dividual basis, and would tackle any issues which might arise, as required. The sitting was adjourned to 26 September. Former prime minister Joseph Muscat Court refuses Joseph Muscat's unauthorised exhibition of VGH inquiry application THE Ombudsman has remind- ed public administration per- sonnel over their obligation to reply to emails sent to them by people requesting their services or help. The statement comes after the Ombudsman said in his state- ment that he and his commis- sioners have received numerous complaints over failure by the Public Administration to reply or to reply within a reasonable time, to queries sent by email to public officers or other persons to whom the Public Administra- tion Act applies. "Each incoming request for in- formation or guidance received through e-mail is to be checked and acknowledged within one working day from the time they are received," regulations state. "Whenever a received request is incomplete, the client shall be duly informed of the required missing data/documentation, within one working day from the time of the receipt of the re- quest." Incoming requests or queries which can be addressed by the receiving organisation, and de- cisions thereof do not require further consultation, shall be re- plied in full within one working day from their receipt. When requests / queries are of a complex nature, a final re- ply shall be provided as follows: By not later than three working days from the date of the receipt of the query, this timeframe may be extended to five work- ing days, for reasonably justified reasons and this timeframe may be extended up to ten working days for exceptional and reason- ably justified reasons. In exceptional cases, the re- spective Permanent Secretary may concede a longer period, depending on the nature of the case; for instance, in issues re- garding due diligence, and legal aspects. In such instances, the respective Permanent Secretary should inform the Quality of Service Directorate of these ex- emptions. "In all cases requiring a delay in the provision of a final reply, for justifiable reasons, the client shall invariably be informed that their request is being processed and that owing to the nature of the case, more time is required for a final decision or reply to be provided," regulation reads. Automatic out-of-office re- plies should invariably be used when an officer is absent from the office for a period of one or more working days. In the out- of-office replies, officers shall indicate when they are expect- ing to be back in office, and the name and contact details of the officer who can be contacted in their stead. Out-of-office mes- sages should be both in the Mal- tese and English languages. "It is hoped the conscientious adherence to these directives will see to the total elimination of complaints which refer to delays in replies to emails," the statement concluded. Civil servants obliged to swiftly reply to emails from public, Ombudsman says Ombudsman Judge Emeritus Joseph Zammit McKeon