Thursday, 26 October 2017

Life goes on

Image result for rule of lawJust when I thought that the PN could not stoop lower in abusing the horrible murder of DCG for political advantage , there comes of all people ex-PN Minister and now MEP Francis Zammit Dimech (FZD)  and  further surprises with a vile effort to obscure our government and harm Malta's reputation.

The rule of law in Malta is under threat and on the brink of collapse, MEP Francis Zammit Dimech told European Parliament president Antonio Tajani during a meeting.

Does one realise what the rule of law being under threat and on the brink of collapse mean?   Has anyone seen prisoners being set free to feast on their criminal instincts?  Are people being arrested without any protection and locked away without charge? Are people disappearing in Pinochet style of desaparecedos?   Are journalists being threatened and censored? Has the Opposition been locked out of parliament?  This is what an international reader unfamiliar with Malta situation might think when he hears our MEP ex-Minister describing Malta's rule of law being on the brink of collapse.

He reiterated that the Maltese did not trust the Police Commissioner, who, in the latest of a series of debacles did not find time to meet the Anti-Mafia Commission visiting Malta, even if calls had been made, including by Mr Tajani, for an international investigation with the involvement of Europol.

What evidence does FZD possess to state so assertively that 'the Maltese' did not trust the Police Commissioner?  Or have a few hundred self-appointed representatives of civil society, with clear political agenda, suddenly become the official voice of  'the Maltese'.   The last time 'the Maltese' have spoken with undisputed authority and absolute clarity was on the 3rd June and those who are doing their best to weaken the mandate given by the electorate to the government less than 5 months ago cannot at the same time present themselves as champions of democracy.  And how has FZD concluded the police are not collaborating with Interpol and other international experts in order to bring justice to the heinous  perpetrators of DCG's murder?

This is a time when Malta should be totally focussed on solving the crime and bringing the murderers to justice.   Those appealing for the resignation of the Police Commissioner and the Attorney General have no idea of what they are talking about or are purposely clouding the issue to create distraction from  focus.

Logic would dictate that for the Commissioner of Police and the Attorney General to be removed and replaced by new appointees that command the confidence of 2/3rd majority in parliament, they must similarly be removed by 2/3rd majority.  In case of the Attorney General this is a constitutional requirement.   Were the Police Commissioner and Attorney General to be kicked out without 2/3rd majority it is most unlikely than such a majority could be formed to appoint their replacement.  If the PN and the civil society pretenders have their way we could well finish with two important executive roles remaining vacant.  This has never happened in normal times let alone now when we need focus to solve a crime that has done so much harm to Malta's self-esteem and international reputation as a country where such things do not happen.

And why do people continue to pretend that the Commissioner of Police and the Attorney General can singly or jointly  press charges (**) against anyone based on mere suspicion rather than hard evidence?   That would be a real collapse in the rule of law if mere suspicion becomes the basis for police pressing charges.

(**)( the Attorney General has no authority to bring people to justice, only to give advice to the police, when asked,  on the quality of the evidence gathered and whether it can stand up in a court of law)

Those who are posturing as true defenders of democracy and of the rule of law are doing their damn best to ridicule them.  

Regulators, law enforcements authorities and judiciary must be allowed space to perform their duties without undue pressure.  God forbid if the police were to submit to pressures to charge on the basis of mere suspicion and in the process expose their leads which in time could deliver the necessary evidence to press charges successfully. 

The police are not only Commissioner Cutajar  .  The Attorney General office is not just Dr Grech.   There are within both organisations a whole cadre of professional officers who daily perform their duties against all odds, often threatened and  risking their life to deliver justice.   They will be judged by the overall result not by a single incident.

And yes life goes on.  It always does.  DCG paid the price  and in her memory we must defend by all means the freedom of the press which as events have shown since her murder is in no way being repressed by government.  Those who eliminated DCG are the ones who are trying to shut us all up and we must not succumb to that.  We must bring them  to justice to ensure that whilst one was cruelly eliminated, many will remain and fresh ones will crop up.

P.S. Today would have been the 66th birthday of my never forgotten friend and colleague George Fenech - Tumas Group who left us nearly 3 years ago.   Life goes on, regardless. RIP George.

1 comment:

  1. An objective analysis that calls a spade a spade.

    Incidentally I know of no legal system where the AG needs a 2/3 rds majority to be appointed. The two systems which one finds in the Commonwealth and in the US ( non continental legal systems) are either like ours or systems where the AG is a political appointee who comes and goes with the Govt.

    This is all the more so in the case of the Commissioner of Police.

    Requiring a 2/3rds majority for such posts stultifies the efficiency of the administration and has a real potential of rendering the country ungovernable.