In a reply to a rule of law report penned by MEPs following the brutal murder of journalist Daphne Caruana Galizia, the government said that "investigation orders are highly intrusive and it is for that reason that they are only granted by the court and only in circumstances where the threshold of reasonable cause has been met".
Caruana Galizia was murdered on 16 October 2017, prompting a delegation of MEPs from the European Parliament (EP) to embark on a mission and investigate the rule of law in Malta.
A delegation of MEPs penned a report which ultimately called for investigations into a number of persons and entities involved in the Panama Papers scandal, criticised the police for a lack of investigations and harshly criticised the Attorney General for failing to launch investigations following serious allegations of money laundering and kickbacks by top government officials.
Minister Konrad Mizzi and the PM's chief of staff were, in 2016, caught out with secret Panama companies sheltered by a New Zealand trust. The following year, Caruana Galizia alleged that the third Panama company named in connection with Mizzi and Schembri belongs to the PM's wife, Michelle Muscat, and she received illicit funds through this.
All have denied wrongdoing and the latter claim brought a snap election one year ahead of schedule. Police never investigated the former either of the allegations as confirmed by them. It took a combination of former PN leader Simon Busuttil to set magisterial inquiries in motion, while the PM requested for a separate magisterial inquiry to be launched to clear his and his wife's name. In the course of the allegations unfolding, numerous FIAU reports were leaked to the press showing that there were concerns of wrongdoing by Mizzi and Schembri in various forms. The FIAU claimed that the reports were not conclusive however the media publications prompted the public to question why no police investigations were launched out of their own volition.
In an official government reply sent to the delegation which penned the report, government focused on a number of key elements, mainly that MEPs showed a lack of understanding in the way institutions work, that some statements were factually incorrect and that the delegation ignored many reforms brought into place by this government.
In defence of the AG and his perceived inaction in the face of mounting allegations, the government pointed out that he is restricted by parameters laid out in the law. The law was quoted where it said that the AG is empowered to ask for an investigation order after he has "reasonable cause" to suspect that a person is "guilty" of breaching money laundering legislation.
This, the government stressed, meant that usually when the AG requests an investigation order, police investigations are already at an "advanced" stage so that the material found and the reasonable suspicion of guilt maybe exhibited to the court.
"An investigation order is for the collection of material evidence; it is not an order to request the police to initiate an investigation. A police investigation would ordinarily be in progress before an investigation order is requested. Contrary to the suggestion in the Mission Report, the Attorney General has no power at all to 'press charges' nor to require the police to investigate alleged crimes."
Government went on to point out criticism of the AG for not approaching the court for an investigation order "on the back of various news articles alleging money laundering by Politically Exposed Persons [PEPs].
"Investigations orders are highly intrusive and it is for that reason that they are only granted by the court and only in circumstances where the threshold of reasonable cause has been met. Therefore, the AG will only make a request for an investigation order on the basis of a dossier of evidence, and not mere media reports.
"It is worth noting that media reports may spark a police investigation into an individual or organisation, but as set out above, such an investigation is not instigated by the AG or via an investigation order".
Jarring with the government reply pointing towards a need for police investigations before the AG may ask for an investigation order, is the rule of law report itself where MEPs describe statements made by the Police Commissioner.
"The Police Commissioner confirmed to Members that several FIAU reports were sent to the police and registered (under the same file number) but no investigation was started. Given the fact that the Police Commissioner is directly appointed by the Prime Minister.." MEPs wrote in the report.
In addition, another statement by the commissioner was included where he said that no investigations were carried out because the police lacked the resources and expertise to investigate such crimes.
In the government's reply to the MEP report, it suggests that "there were not sufficient grounds to suspect criminal activity" and that an investigation would have "clearly been a waste of police resources."
from The Malta Independent http://ift.tt/2nE7hHs
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