The supposedly impartial judge

There were many shocking reports on the Sunday newspaper front pages, all of which were related to the ongoing Egrant saga.

The Malta Independent on Sunday, for example, revealed that Pilatus Bank, which is in the middle of a storm following this week’s bombshell allegations about Egrant, has been under investigation by the Financial Intelligence Analysis Unit since 2015. The Times and MaltaToday also led with stories on the developing story – the biggest since the Panama Papers revelations a year ago.

But the most shocking story by far was the one that appeared on the front page of the GWUowned it-Torċa. It quoted retired judge Philip Sciberras as saying, in comments apparently directed at the Opposition Leader, that this was “a fake play by those without an argument” and that “jealousy is a defence mechanism when you feel belittled or inferior with regard to others who are better than you.”

The retired judge was further quoted as saying that “in order to try and gain back some trust, the jealous lies about others, he is negative and tries to be aggressive. That is his strategy.” The GWU newspaper said it had not sought the comments but rather Dr Sciberras had

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written them freely (the newspaper did not say where.) When the newspaper contacted Dr Sciberras for comment he said he did not wish to elaborate but said what he wrote was “amply clear.” These comments would have been considered fair comment coming from any member of the public. But Dr Sciberras is not any member of the public – he is the retired member of the judiciary who has been entrusted, by Joseph Muscat, to lead inquiries into some very serious matters. These included the structural problems at the Emergency Department at Mater Dei Hospital, another to determine whether Enemalta was buying oil products according to international specifications and a very famous inquiry about an oil tanker that ‘escaped’ from the Grand Harbour. Recently, he was part of the inquiry that looked into claims involving PN Deputy Leader Beppe Fenech Adami.

The PN has long questioned the impartiality of Dr Sciberras, pointing out that he was a Labour MP in the 1980s and that he was appointed to a number of boards by this administration, which could lead to a sense of obligation.

By expressing his opinion in such a blatant manner Dr Sciberras has given the PN more reason to question his ability to lead independent inquiries, especially those related to allegations against Opposition politicians. It also casts a shadow on the work he has conducted over the past four years and does not reflect well on the judiciary.

The government should simply not appoint him to lead any more inquiries now that his bias has been exposed in such manifest way. Such appointments have to go to people who have no link with politics, as hard as that might be in a country as small as ours.

And on the matter of inquiries, we believe that Daphne Caruana Galizia should appear before the magisterial inquiry led by Magistrate Aaron Bugeja. First of all, it is required by law. Secondly, one should not make such serious allegations and then refuse to cooperate with the authorities tasked with investigating them. Mrs Caruana Galizia said she does not want to cooperate on the basis that she has a source. But she can always appear before the magistrate without revealing any names, just as she has never revealed any sources in the many libel suits that have been filed against her over the years.