Repubblika welcomes Constitutional Court ruling upholding hospitals inquiry

Civil society organisation Repubblika has welcomed a judgment by the Constitutional Court of Malta confirming that the magisterial inquiry into the hospitals concession contract was conducted fairly and in accordance with the law.

In its ruling, the Court rejected arguments that the process was illegitimate or that the magistrate who led the inquiry was biased. The decision dismisses longstanding claims that the investigation amounted to a “persecution” or a politically motivated inquiry. As a result, the judicial institutions are free to continue their work without obstruction, the NGO said.

Repubblika said the judgment carries significant institutional importance. For an extended period, the magistrate who led the inquiry faced sustained public and political pressure. Former prime minister Joseph Muscat was accused of coordinating a campaign aimed at undermining the magistrate’s credibility. Prime Minister Robert Abela also repeatedly intervened to discredit the process, using arguments that, according to the organisation, resembled a legal defence of an accused individual more than a defence of judicial independence. The Court’s ruling, Repubblika said, confirms that these attacks had no factual or legal basis.

The organisation stated that in a democracy, the most important test of the rule of law arises when legal scrutiny applies to the most politically powerful individuals. Institutions, it said, must be free to investigate, reach conclusions and, where appropriate, convict without intimidation, delegitimisation campaigns or pressure from those in power.

Repubblika noted that the inquiry began following a criminal complaint filed by citizens and that it had requested the inquiry itself. The Court’s confirmation of the process’s validity, the organisation said, reaffirms citizens’ right to seek justice and the principle that the law applies equally to all.

It added that the government has since removed this right by amending the law, a move that Repubblika is also challenging in court. The organisation further referred to an attempt by Joseph Muscat in the same proceedings, dismissed in the judgment delivered today, to discredit the work of Repubblika.

Repubblika concluded with an appeal for institutions to be allowed to carry out their duties. Justice, it said, must be delivered in the courts and not on the political stage. The ruling demonstrates that despite significant pressure, the rule of law in Malta can function if given the opportunity to do so.

 

RSS Feed Source: Independent Malta Repubblika welcomes Constitutional Court ruling upholding hospitals inquiry