Issue link: https://maltatoday.uberflip.com/i/1547021
ONE of the recommendations made by the Daphne Caruana Galizia Public Inquiry was to introduce a new offence in the Criminal Code dealing with mafia-style association. The recommendation was modelled on Article 416-bis of the Italian Criminal Code, which makes mere membership of a mafia-style criminal organisation an offence punisha- ble with imprisonment of between 10 and 15 years. Those who promote, direct or organise the association shall be punished, for that alone, with imprisonment of between 12 and 18 years. The rationale behind such a legal provision is to give law enforcement agencies an additional tool to fight serious organised crime by attacking it at its core—mere member- ship. Unfortunately, like the vast majority of the recommen- dations made by the public inquiry, this proposal was never implemented. But what stands out about this recom- mendation is Prime Minister Robert Abela's Talebanesque opposition to it based on reasons that defy logic. On Tuesday, during a heated exchange in parliament with Opposition leader Alex Borg, the prime minister re- iterated his complete disagreement with introducing the mafia association offence because it would convey the message that Malta is a mafia state. "I totally, disagree because our country is not a mafia state… I have said it before and will say it again that I do not agree with a provision that suggests Malta is a mafia state and as long as I am prime minister it will never be introduced," Abela told parliament. But this is where Abela's logic is warped. Adopting the same reasoning, Malta is a terrorist state because it has anti-terrorism provisions in its Criminal Code. By no stretch of the imagination is Malta a terrorist state and yet, as a country that understands the ugly cross-border and domestic impact of terrorism it felt the need to legislate accordingly. Introducing a new provision in the Criminal Code that makes membership of a mafia-style association an offence does not, in any way, mean Malta is a mafia state. On the contrary, it is one way of showing willingness to fight or- ganised crime in every way possible. It will give the police more tools to go after these organisations and dismantle them. It creates a deterrent for those toying with the idea of being part of these criminal organisations. But what is more perplexing with Abela's stand is that he is concerned about the reputational damage such a law could create but seemingly unperturbed by the reputation- al damage caused by what emerged from Yorgen Fenech's trial. The trial showed how during the Joseph Muscat years, the boundaries between politics, business and criminality got blurred to the point that a climate of impunity resulted in the assassination of Daphne Caruana Galizia. The ev- idence presented in court raised serious questions about the conduct of people in public office and their proximity with businesspersons and shady characters. The evidence showed how sensitive information about the murder inves- tigation was being leaked to Fenech from inside Castille. What emerged was a shocking picture, which had all the makings of a mafia-style association. Abela should take heed of what Labour Party President Alex Sciberras said over the weekend: "We cannot pretend to have heard nothing." And while the actions of individuals do not define the Labour Party and its members, the party cannot simply walk away from the proverbial scene of the crime and pre- tend nothing happened. Implementing the public inquiry recommendations is one way for the PL to atone for the actions of those who, acting in its name, had a finger in Caruana Galizia's murder. The introduction of the mafia association offence should be the least of Abela's worries. He should embrace such a proposal because one of the lessons learnt from the Fenech trial was the need to modernise our legislation and intro- duce new offences. The state must not have its hands shackled by outdated or inadequate laws when it is fighting sophisticated organ- ised crime networks that even operate across borders. This does not equate to calling Malta a mafia state but rather represents a modern state where the forces of law and or- der are given all the necessary tools to carry out their fight against crime without fear or favour. A law criminalising mafia association does not equate to having a mafia state maltatoday MaltaToday, MediaToday Co. Ltd, Vjal ir-Rihan, San Gwann SGN 9016 MANAGING EDITOR: SAVIOUR BALZAN EXECUTIVE EDITOR: KURT SANSONE DEPUTY PRINT EDITOR: LAURA CALLEJA Tel: (356) 21 382741-3, 21 382745-6 Website: www.maltatoday.com.mt E-mail: dailynews@mediatoday.com.mt 11 maltatoday | WEDNESDAY • 7 OCTOBER 2026 EDITORIAL Unfortunately, like the vast majority of the recommendations made by the public inquiry, this proposal was never implemented. But what stands out about this recommendation is Prime Minister Robert Abela's Talebanesque opposition to it based on reasons that defy logic