Judge says UK law firm’s opinion ‘attack on sovereignty’
A judge yesterday called a British law firm’s opinion that the Caruana Galizia family’s human rights have been breached a “manipulative orchestration” aimed at undermining Malta’s rule of law and to influence the judiciary.
Mr Justice Silvio Meli is presiding over a Constitutional case instituted by the widower and children of slain journalist Daphne Caruana Galizia for the removal of deputy police commissioner Silvio Valletta from the investigation into her assassination.
The journalist was killed in a car bomb on 16 October metres away from her Bidnija residence. Three men have been arraigned in court as the prime suspects.
Valletta is married to government minister for Gozo Justyne Caruana and also sits on the board of the Financial Intelligence Analysis Unit, an entity that has been subject to massive controversy and accusations of incompetence after the slain journalist had broken the Panama Papers revelations and later made allegations about the Prime Minister’s wife.
Meli reminded parties to the case that the independence of the judiciary is of paramount importance in a sovereign state, and that the law firm, Doughty Street Chambers, had exhibited a “superior neo-colonialist” attitude through the opinion it presented in a legal letter.
The services of Doughty Street Chambers were reportedly sought by the Caruana Galizia family. It had advised the family that the investigation into the assassination violates procedural requirements of Article 2 of the European Convention on Human Rights (ECHR).
On behalf of the firm, Caoilfhionn Gallagher QC and Jonathan Price said, “we are of the firm view that Malta is in flagrant violation of the Article 2 investigative duty and thus in breach of its obligations under the ECHR”, and that, “from the information available at this stage it appears highly likely to us that the Maltese authorities have also violated other human rights of Ms Caruana Galizia and the bereaved family, under Articles 2, 3, 8, 10 and/ or 13 ECHR (and indeed under other international human rights treaties and domestic law).”
Meli stressed that, “such words do not impress” him and that the move “undermines the rule of law as it constitutes an attack on the independence and impartiality of the judiciary which is the heart of sovereign rights.
“We have to realise that Malta is an independent country in the European Union like all the others and I will not be impressed by any group of English lawyers. The fact remains that this had a big effect on Malta society.”
The widower of Caruana Galizia, Peter Caruana Galizia and their three children are the applicants in this case, represented by Jason Azzopardi, Therese Comodini Cachia and Lee Borg Costanzi.
The respondents are police commissioner Lawrence Cutajar and deputy commissioner Silvio Valletta, being represented by lawyer Victoria Buttigieg.
Meli expressed his wish for the case not to get too far and that both sides find an amicable solution by building bridges, since the case “in its existence is causing damage to Malta”.
“I must be honest, I was hoping there would be a solution before reaching the stage of presenting evidence to the court,” he said.
Jason Azzopardi remarked that ultimately, he is unsure of what solution could be reached because either Valletta is part of the investigations or he is not.
At the start of the proceedings, Meli immediately declared that he has been subject to criticism by Daphne Caruana Galizia, however neither party had any objections to him leading the proceedings.
Peter Caruana Galizia, and his late wife’s sister Helene Asciaq were present for this morning’s proceedings.
The case is set to continue on 20 December at 9am should no solution be found in the meantime.