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KURT SANSONE ksansone@mediatoday.com.mt 10 maltatoday | SUNDAY • 9 FEBRUARY 2025 ANALYSIS A hurdle race: Making it harder for private GOVERNMENT has wasted no time in putting forward a Bill that will radically alter how a private individual can ask for a magisterial inquiry. On Tuesday, the discussion on the Second Reading of the Bill, piloted by Justice Minister Jonathan Attard, is expected to start in parliament. Bill 125 was only published in the Government Gazette on 31 January with no prior consul- tation with key stakeholders. It contains changes to the manner by which magisterial inquiries, in legal jargon known as in ge- nere, are conducted. These in- quiries are intended to gather and preserve evidence in cases that can range from fatal car accidents to suspected cases of corruption. Magisterial inquiries can be requested by the police and the Attorney General – this is of- ten the case for fatal accidents. But the existing law also allows a private citizen to directly pe- tition the courts to seek a mag- isterial inquiry into suspected wrongdoing. Although some of the pro- posed amendments, such as im- proving the standing of victims and suspects in such inquiries, apply to all types of inquests, it is the private requests for in- quiries that are in for a major overhaul. Bill 125 effectively removes the right of ordinary citizens to make a direct request to the duty magistrate for an inquiry, forcing them to first file a police report. It also introduces several hur- dles in the process. Significantly, the new law, when approved, will be back- dated and so any requests for inquiries by private citizens that have not yet started, will be au- tomatically shifted to the police or stopped. A threat to the rule of law The Nationalist Party has voted against the Bill at First Reading stage, an unorthodox move but one intended to show its complete opposition to the proposed amendments. The PN has also pledged to reverse any changes that will stifle the right of ordinary citizens to request a magisterial inquiry, once it is in government. Meanwhile, anti-corruption NGO Repubblika has produced a 45-page document with its analysis of the proposed chang- es, including clause-by-clause feedback on the Bill proper. In its conclusions, the NGO states that the Bill is a "direct assault on the rule of law" and contributes to democratic back- sliding. "If passed, Bill 125 will cripple Malta's ability to investigate and prosecute corruption as long as the police fail to do their job, ensuring impunity for pol- iticians and their associates," Repubblika states. The document notes that un- der the proposed changes the existing framework that allows a magistrate to open an inquiry if there was "reasonable sus- picion" that a crime may have occurred, will be upended since a petitioner would have to pro- vide "admissible evidence prov- ing a suspect's guilt on a balance of probabilities" before an in- quiry can begin. "This completely reverses the role of an inquiry – designed to gather and preserve evidence – by requiring private individuals to build an entire legal case be- fore a magistrate can investi- gate," Repubblika says. The NGO has called a protest against the proposed inquiry amendments for Sunday 16 February. MaltaToday's analysis of Bill 125 MaltaToday has undertaken an independent assessment of Bill 125. The following are the key observations that emerge from this exercise. THE GOOD Magistrates' pool: Amend- ments officialise an earlier de- cision to have a pool of magis- trates dedicated to carrying out inquiries. New rights for victims: Vic- tims of crime, or their heirs, will be granted an electron- ic copy of the inquiry report, known as the process verbal, without paying for it. They will also have a right to be informed of the progress of an inquiry every six months. Access to information: Pub- lic authorities with an investi- gative function will have access to the evidence and testimony collected during the course of a magisterial inquiry. The ex- isting law already makes similar provisions for the Occupation- al Health and Safety Authority. The list of public authorities that would be granted access to inquiries will be published in the Government Gazette by the justice minister. Oath for petitioner: A new proviso will require a private citizen who requests an inquiry to file their report under oath. This new obligation means that criminal action could be tak- en against the individual for perjury if they intentionally lie or produce false documents to substantiate their request. This has the objective to make pe- titioners more responsible for their claims. New rights for suspects: When a suspect is required to testify in front of the magistrate conducting the inquiry, the per- son will be informed of their right to be assisted by a lawyer and will also be given disclosure of the facts at hand. This posi- tive addition to the law ensures that persons who are ques- tioned during the course of an inquiry enjoy the same rights as suspects who are interrogated by the police. THE MAYBE Expert fees: Benchmarking of fees charged by court experts helps keep costs at a reasonable level but it would be a mistake if this is used to prevent mag- istrates from recruiting foreign experts, who may charge higher fees, if the necessary expertise in Malta is limited or unavaila- ble. Sometimes, the search for the truth, especially in complex cases involving financial crime, requires that millions of euros are spent. Petitioning court to be heard: A person who suspects that they can be the subject of an inquiry can petition the court and ask to be heard. The law will make it incumbent on the magistrate to hear such an individual. This addition to the law allows the possibility of all people to be heard and although it does introduce an imposition on the magistrate, it can avoid contestations at a later stage. Nonetheless, while government is proposing this new right, through the State Advocate it is contesting former prime minister Joseph Muscat's constitutional case in which he claims his rights were breached because the magistrate in the Vitals case refused to hear him Prime Minister Robert Abela and Justice Minister Jonathan Attard announcing the changes to the law regulating magisterial inquiries. (Photo: James Bianchi/MaltaToday)