Issue link: https://maltatoday.uberflip.com/i/858250
maltatoday, SUNDAY, 6 AUGUST 2017 9 News THE suspected absconding of a Russian national who claimed she had seen a document purporting to show the Prime Minister's wife was the owner of a secret Panama company 'Egrant', is the intermis- sion to Malta's Panama scandal. The whistleblower's claim, pub- licised by Daphne Caruana Gali- zia, effectively pushed Malta into early polls after Prime Minister Joseph Muscat filed a complaint to the police requesting that the matter be investigated by a mag- istrate. When Panama broke in 2016, it was said that police had not start- ed any investigation. The Oppo- sition, hot under the collar about the offshore scandal engulfing a minister and the PM's chief of staff, filed neither a criminal complaint nor a Constitutional case or police challenge. The wound festered. But as the countdown to the 2017 election started, yet more magisterial inquiries became the order of the day as PN leader Simon Busuttil took evidence of corruption and kickbacks to the courts. The 'Egrant' inquiry is led by Magistrate Aaron Bugeja, who will probably determine whether the Muscats are the owners of the secret offshore company and re- cipients of a cool million dollars from the Aliyevs of Azerbaijan. Muscat has dubbed the allega- tion "the greatest lie in political history". Summoned before Bugeja, Si- mon Busuttil took the opportu- nity to report various allegations of corruption to the magistrate, who in turn submitted the evi- dence for new inquiries under a magistrate selected by lot. Magis- trate Josette Demicoli was tasked with investigating allegations that Keith Schembri, the Muscat's chief of staff, paid former Allied Group managing director Adrian Hillman €650,000 in payments between 2011 and 2015 through offshore firms – which Busut- til claims are "a textbook case of bribery and money laundering". Both men denied the allegations. Then Magistrate Natasha Galea Sciberras was selected to lead an inquiry into Busuttil's second al- legation, that Schembri took a €100,000 kickback from Nexia BT partner Brian Tonna, shortly after his offshore company Will- erby cashed in on naturalisation fees for three Russians who ac- quired Maltese citizenship un- der the IIP. Both men had used Pilatus Bank accounts. Denials ensued, both men insisting the transfer was a 2012 loan repay- ment. In the meantime, another in- quiry was further exacerbated by complaints from the Financial Intelligence Analysis Unit and Pi- latus Bank, over a series of leaks published in the newspapers dealing with FIAU compliance reports on the bank. Finally, a fifth inquiry was prompted again by Simon Bu- suttil in July, asking the court to look into whether Schembri and Tourism Minister Konrad Mizzi broke money laundering laws when opening secret companies in Panama. A magistrate has not yet been appointed because a decision ordering the holding of an inquiry into the in genere has been appealed by the parties in question. The appellants believe that the prerequisites for the in genere do not exist. The in genere is not carried out by the 'court' but by a mag- istrate acting in an investigative capacity. In a magisterial inquiry no person will as yet have been charged by the police before the court, although there may be suspects; the main purpose of the magisterial inquiry is to pre- serve the material traces of an offence or to inquire" into suspi- cious activity, while at the same time examining what evidence is available to determine whether any person should in fact be charged in connection with any offence. So even though the in genere is not a criminal investigation, a magistrate can employ the full- est of powers to ensure that all evidence is collected and to es- tablish whether a crime has been committed. What happens once the magis- terial inquiry is concluded? The work carried out by the mag- istrate, aided by the experts he or she would have chosen and appointed, is compiled together with the transcripts of the testi- monies heard by the magistrate, as well as any evidence collected. This report, known as the proces verbal, is sent to the Attorney General together with the mag- istrate's recommendations. If the magistrate recommends police action, the AG will send the file to the police. But if the AG is not fully satisfied with the report, he can send it back to the magistrate for further investiga- tion. In all of the four cases, the in- quiries do not fall under the In- quiries Act and are not limited by terms of reference. In other words, a magistrate is given free rein to investigate anything re- lated to the points listed in a re- port or complaint made. What does a magisterial inquiry do? MaltaToday explains Making sense of the news ? Send us your subjects on dailynews@mediatoday.com.mt MATTHEW AGIUS BIRDLIFE Malta has reported the shooting of two protected species of birds of prey this week. The nature conservation group posted photos on Facebook showing a juvenile (and very wet) Black Kite (Astun Iswed) that was found on Friday in the area of Xrobb l-Ghagin lim- its of Marsaskala. The bird had been washed ashore after falling into the sea in the area and was found by a bather. Sightings of a Black Kite had been reported over Birzebbuga on the 2nd Au- gust. The young bird is thought to have been attempting to use Malta to rest and feed before continuing on its journey south to Africa. An X-ray revealed shotgun pel- lets embedded in the bird's bro- ken wing as the reason why it fell into the sea. Hunting this species is a crimi- nal offence, with offenders facing a fine of up to €5,000. Despite the hunting season currently being restricted to rabbits, Bird- Life says hunters are using it as a cover to target other species, adding that other species com- monly hunted illegally during this period include waders. The Black Kite escaped with injuries that it can recover from and will undergo rehabilitation at BirdLife Malta. It is the second protected bird of prey that was received by BirdLife Malta after being shot, with a Honey Buz- zard (Kuċċarda) being recovered on Monday from Birguma limits of Naxxar with no fewer than 10 pellets lodged in its body. Poachers target protected birds during rabbit season Manager (Projects) The Permanent Secretary (Financial Services & Iden ty) invites applica ons for the posi on of Manager (Projects) in the Office of the Chief Informa on Officer (Financial Services & Iden ty—Major ICT Projects) within the Office of the Permanent Secretary (Financial Services & Iden ty), Office of the Prime Minister on a European Regional Development Fund Programme (ERDF). Further informa on including details a ached to this posi on, can be obtained from the OPM website: www.opm.gov.mt Interested candidates are invited to submit a le er of applica on, a detailed CV, and copies of their cer ficates to the HR Branch at the Office of the Prime Minister via email on: human-resources.opm@gov.mt or by post to the address below, by not later than Monday, 21st August, 2017 at noon (Central European Time) Late applica ons will not be accepted. Solici ng will automa cally disqualify any applicants. Address: HR Branch, Office of the Prime Minister, Auberge de Cas lle, St Pauls Street, Valle a, Malta T: 2200 1017/2200 1010| E: human-resources.opm@gov.mt Opera onal Programme I – European Structural and Investment Funds 2014-2020 "Fostering a compe ve and sustainable economy to meet our challenges" Call for Employment part-financed by the European Regional Development Fund Co-financing rate: 80% European Union; 20% Na onal Funds A year after Panamagate, it's the Maltese courts that are doing the heavy lifting BirdLife rescued this wounded Black Kite from the sea near Xrobb l-Ghagin and claimed hunters were shooting at birds despite the hunting season being restricted to rabbits