Issue link: https://maltatoday.uberflip.com/i/936285
maltatoday SUNDAY 4 FEBRUARY 2018 Interview 15 Malta's rule of law is under unprecedented international scrutiny, following a damning European Parliament report into alleged failings within the justice system. Justice Minister OWEN BONNICI, however, insists that ours is a free, fair and fully functional system ministry, then was given another one. But in the meantime, he faced the electorate. And the electorate voted him back in with huge sup- port. So if you're going to ask me a question about Mizzi's career: the portfolios he had before, and what he has today... you have to also mention that there was a general election in between. You have to mention that... I fail to see the relevance. So what if he was re-elected? It might just mean that he has a very good PR machine. And people vote for all sorts of reasons in a general election. Re-election doesn't mean that all your past alleged misdemeanours are wiped out... I didn't say that... But let's talk about the allegations themselves. Why do think Mizzi opened a secret trust in Panama in the first place? I think he made a very bad deci- sion, and he ended up apologising for it in Parliament... That's not what I asked. Why did he do it? Why does anyone open secret offshore companies, if not to hide money? I didn't open any secret compa- nies anywhere... You yourself did not, but here you are defending a Cabinet colleague who did... and so is your whole government. Look how much of your own time and energy is now devoted to defending this one minister. Look at all the flak your government (and Malta) is taking, just on this one issue. Aren't people justified in asking why we have to put up with all this, just to defend one minister who – by your own admission – 'made a very bad decision'? I am not defending Konrad Mizzi: I am defending the rule of law, the justice system and Malta in general. Because what has been told in that report is incorrect. It's not true. The claim is that our sys- tem is not working, when our sys- tem works. [...] It offers so many remedies that I cannot accept any- one who says our justice system is failing. At one point, for instance, there was this no-holds barred criticism of the Attorney general – an unprecedented attack – and you end up reading in newspapers and reports, that the AG can be ap- pointed by the prime minister, and dismissed by the prime minister. It's not true. The office of the AG has two-thirds majority backing, which gives him security of ten- ure; and he can only be dismissed upon proven misbehaviour, or in- ability to perform his functions. So I cannot accept it when people say the 'AG is a puppet of the govern- ment', when in other European countries, the security of tenure afforded to Attorney General is much weaker. [...] That is why I de- fend our country's justice system. That is why I am proud of it. Moving onto another issue, also highlighted in the report. Press freedoms. Recently we have seen a number of attempts to gag the media in Malta: including by 'SLAPP' lawsuits in overseas jurisdictions, which are designed to discourage the press by maximising expenses. The Opposition has tabled a draft law to address this issue; your government has yet to take up a position on it. What is your own position? Let me say two things: in the amendments we recently enacted to the Press Law – we are rewriting the Press Law all over again – we have actually made it impossible for people here in Malta to make SLAPP lawsuits against journal- ists. With the new press law, we have limited that possibility very much... we had instances where private citizens filed, for example, 15 libel cases against a journalist over the same article. So I want to make it clear that this government has drawn up a new piece of legis- lation that will effectively make it impossible for anyone to make a garnishee order against a journal- ist – or any corresponding order, on property, etc. – and also to file multiple lawsuits on the same subject. These are all anti-SLAPP measures, in the local context... Yes, but the Opposition motion is about whether court rulings in foreign jurisdictions should apply in Malta... not rulings by the Maltese court... That's my second point. The Opposition has tabled that pro- posal, and I am taking legal ad- vice about whether Malta can actually do [what the Opposition proposes], in the light of private international law, and European legal obligations. As EU mem- bers, for instance, we have a duty to implement judgments coming from other member states. So be- fore discussing the matter, I want to know whether Malta can actu- ally do that. I am obtaining legal advice, from top professionals in the field; and once I obtain that advice, I will be in a position to answer your question better. Fair enough, but what I wanted to know was whether you agree or disagree with the idea in principle (i.e., that Maltese law should protect journalists from prohibitive foreign lawsuits). If I didn't agree with the idea in principle, I wouldn't have made all those amendments to the lo- cal Press Law. But I don't want to say anything that... I am not an Opposition MP: I am the Justice Minister. I cannot say anything that we might eventually find out that we cannot do. I want to make sure, before discussing the proposal, what is the room for manoeuvre for a country that is a member state in the European Union, in the context of enforce- ment of foreign judgements. I can't answer that question now. I need advice. And I would be very grateful if the Opposition tables any legal advice it may have on the matter. in the dock