At least three retired Judges disagree with the decision by Judge Neville Camilleri to deny a request by Jason Azzopardi to start a Magisterial Inquiry on Minister Silvio Schembri. At least two members of the Judiciary have also expressed their critical comments in discussions with other members of the Judiciary and retired members of the Judiciary.
The Judiciary regularly holds informal discussions over sentences and decisions which is necessary for their work to keep updated with ongoing legal developments, precedents and changes. Based on a small sample of five retired and current members of the Judiciary, there seems to be a majority within the Judiciary who disagree with Judge Neville Camilleri’s decision. You can read his decision here.
One of the critical points being made over the decision is that Judge Neville Camilleri has elevated the requirements for the amount of proof needed to start an investigation. This may also be made intentionally to avoid starting new Magisterial Inquiries while parliament is in process to change the law. According to Maltese law, investigations can start over suspicions and not necessarily with the presence of proof, yet Judge Neville Camilleri is pushing the degree of requirements to open an investigation more closer to a degree of conviction: with proof beyond reasonable doubt. Judge Neville Camilleri took this decision despite well-researched articles pointing to primary documents as evidence.
The Judge’s decision also goes in contradiction to current practices by the authorities who use the press as part of their investigations. The Police have admitted in Court various times that they use the press to find information about their investigations. Other authorities like the MFSA and the FIAU also regularly use the press to monitor ongoing developments that are part of their remit. The FIAU even started major investigations from the reporting by Daphne Caruana Galizia.
Judge Neville Camilleri’s decision is also an exercise that discredits the press in general, with the journalist himself participating in this process. Overall, the Judge’s decision reads like a document that is intended to prevent any investigation, much to the satisfaction of Minister Schembri.
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