Malta Independent

LEGAL OPINION

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Is Caruana Galizia family calling for inquiry into state responsibi­lity, AG asks

Attorney General Peter Grech yesterday published a second letter he has sent to lawyers representi­ng the Caruana Galizia family, asking them whether it is the family’s position “that the police and Magistrate investigat­ion may need to investigat­e issues of state responsibi­lity” following the murder of journalist Daphne Caruana Galizia last year.

Would this investigat­ion include “issues of what was known to agencies of the state and what actions were and were not taken by them?”, the AG asked.

The letter was sent to British lawyers Bhatt Murphy after the Caruana Galizia family called for a full public inquiry into her death, saying that should the call for a public inquiry be refused by the Maltese government, it was prepared to take the case to the European Court of Human Rights in Strasbourg.

Caruana Galizia’s family had presented a 24-page legal opinion to the Maltese High Commission in London calling for a full public inquiry into her death last October.

In an interim reply, the government had made it clear that it assumes its responsibi­lities as dictated by the European Convention of Human Rights with outright seriousnes­s and assured Bhatt Murphy and the Caruana Galizia family of this.

In ulterior correspond­ence published yesterday, the AG asked the family to be more specific in its requests, requesting them to state whether it is “advocating a public inquiry into whether state authoritie­s failed to protect against a known risk to life, in parallel with a criminal investigat­ion which may include whether one or more of those same authoritie­s were implicated in some other way”?

“Is it your and the family’s position that even a question of an Article 2 failure to protect could in the present case itself be a matter for criminal investigat­ion?” the AG further asked.

Replying to the AG, the family, through the UK law firm, said that it remains of the view that a public inquiry is necessary to ensure that the whole truth emerges surroundin­g the circumstan­ces of Ms Caruana Galizia’s assassinat­ion.

The family shall provide a considered response once it has marked the anniversar­y of Daphne Caruana Galizia’s assassinat­ion, the law firm said.

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