The justice ministry's inquiry cannot eliminate doubt

13 May 2020

The justice ministry’s inquiry into the unethical and unprofessional behaviour of a former employee of the Office of the Attorney General is opaque and unhelpful.

The former judge tasked with the inquiry is widely respected, but the central issue is outside the inquiry’s scope.

The inquiry can only examine whether the Attorney General’s office followed the rules applicable to publicly-funded employers.

It cannot establish the origin and extent of the relationship between Charles Mercieca, the former member of the prosecutor’s office, and Yorgen Fenech, the man charged with Daphne Caruana Galizia’s assassination, or members of his defence team.

It cannot eliminate the possibility that Mercieca may have had unauthorised access to information relating to the prosecution of Fenech and any future prosecutions of his co-conspirators.

Full justice means ending the corrupt practices Daphne Caruana Galizia investigated.

The Daphne Caruana Galizia Foundation already referred Mercieca to the Commission for the Administration of Justice, which has the power to revoke his warrant. The Foundation has also written to the Attorney General asking for standard non-compete clauses in its employment contracts.