Issue link: https://maltatoday.uberflip.com/i/1525176
I would have thought that in Malta, all political parties re- spect the right of law - the restriction of the arbitrary ex- ercise of power by subordi- nating it to well-defined and established laws. So, I was quite surprised when the editorial of the GWU daily l-orizzont last Tuesday claimed that the Opposition and some NGOs did not be- lieve in this most important principle of civilisation as we know it. The proof? The in- sistence that former minister Edward Scicluna should resign from his post! Scicluna is not mentioned in the editorial but the reference is obvious. It is probable that the edito- rial was written before Sciclu- na was persuaded by the Prime Minister to do what he should have done earlier and accept that he should not keep carry- ing out his duties as governor of the Central Bank. The editorial that tried to defend the indefensible, in any case, was published in spite of the Scicluna respon- sibility problem having being resolved. The editorial must have been written before this development and was pub- lished just the same! In the warped logic of the writer of this editorial, this in- sistence that Scicluna should resign translated into a person being found guilty of a crime without due process. Incredibly, the writer of this editorial claimed that the PN and those described as its 'al- lies' had totally abandoned the principle of the presumption of innocence when they insist- ed that 'ministers and heads of authorities' who were accused of crimes should resign just as if they are guilty of whatever they have been accused of. This is all nonsense. If it were correct, the voluntary resig- nation of Chris Fearne from his Cabinet post meant that Fearne admitted he was guilty - it meant no such thing. The same applies to all others who resigned from their posts be- cause they faced serious accu- sations. The resignation of minis- ters and public officials when one is formally accused of a crime is a matter of prudence, and Scicluna's stance was im- prudent. One could also say that the pressure experienced when one is formally accused of a crime obfuscates the car- rying out of one's duties in a calm and peaceful way. But the main point is that such resig- nations are a matter of pru- dence and the accepted norm wherever there is a democracy that really respects the rule of law. To depict the issue as lack of respect to the rule of law is ob- scene. Meanwhile, it seems that the rule of law was actual- ly bypassed in another issue: Minister Anton Refalo's pos- session of a 'milestone' that is considered a heritage item. The Superintendence of Cul- tural Heritage has confirmed that a 19th-century stone marker which controversial- ly ended up in the Minister's property was returned in Au- gust last year and is currently being held at the Superintend- ence repository. In February 2022, it was re- vealed that the stone marker, bearing the initials "VR" (Vic- toria Regina) was in one of Refalo's homes in Qala after appearing in photos uploaded by Refalo's son to the social media. This prompted a police investigation into a potential heritage crime. Minister Re- falo had consistently refused to comment on what had hap- pened to the marker. Refalo denied any wrongdo- ing but never explained how the marker ended up in his house. The rule of law does not lead anyone to decide that there was no crime because an object that had been stolen - or, as in this case, found to be illegally in possession of a citizen - was returned to its rightful owner. This fact might be taken into consideration by the Court that decides the case after a formal accusation is made. But here the authorities closed their eyes and refrained from taking further action, making a mockery of the rule of law! Would the same 'procedure' be followed if the accused were a common citizen? This is the sort of breach of the right of law that should re- ally worry every Maltese citi- zen, including the writer of the warped editorial in l-orizzont. German hotel collapse A few days ago, a hotel in Germany's picturesque Mo- selle wine valley collapsed overnight, killing two peo- ple. Local police said rescuers had to work urgently to save the three remaining trapped guests from the rubble. The hotel that partially col- lapsed - identified as the Reichsschenke 'Zum Ritter Goetz' - is named after a medi- eval knight who is said to have once drunk at its wood-pan- elled tavern and has been im- mortalised in a play by Wolf- gang von Goethe. Among those rescued were a two-year-old child, who was not injured, and the child's parents. Michael Ebling, interior min- ister in the state of Rhine- land-Palatinate, said he was hopeful the remaining three people would be saved as res- cuers worked with extreme caution due to the risk of fur- ther collapse. The cause of the accident is not yet clear. Investigations had to begin once the rescue operation was concluded. I am tempted to suspect that Maltese rogue contractors and developers have moved to mainland Europe and started building hotels there. Otherwise German builders have been infected with a Mal- tese malaise, which many call 'greed'. Seriously, erecting buildings is a human endeavour. Mis- haps can never be totally elim- inated - they always happen and normally architects and some contractors are insured against liability for accidents. Rather than inventing more rules and regulations - some of which contradict each other - what we in Malta need in the building construction sector, is to make it obligatory for all contractors to be insured. I know that many serious con- tractors are insured, but this is not obligatory. Newly introduced construc- tion reforms require masons to renew their licenses every two years and empower the Building and Construction Authority (BCA) to revoke these licences. In a recent Court case, the family of a victim in a build- ing incident were awarded damages that are far beyond what the contractor can af- ford to pay. At the moment most architects are insured, and insurance against damag- es to neighbouring properties is obligatory. But this is not enough. Making insurance obligatory for contractors should be giv- en top priority. 3 maltatoday | SUNDAY • 11 AUGUST 2024 OPINION Respecting the right of law micfal45@gmail.com Michael Falzon Anton Refalo illegally kept a historic British-era stone marker at his Qala home