Thread by @bugdavem

As attention rightly shifts to the composition of the Board for the 2 years too late Inquiry into #DaphneCaruanaGalizia’s assassination it’s worth informing the debate on the members nominated by @JosephMuscat_JM: 1/

After asking others (who appear to have refused including due to the imposition of the other 2 members - see why), the Government settled for Ex Judge Michael Mallia as the Chairman. 2/

The main gripe about Dr Mallia is not his integrity but his active involvement in the criminal proceedings reviewing online threats received by Caruana Galizia. Now here is where a mess becomes apparent: the inquiry is expected to go into risk of harm which arises from threats 3/

Mallia will be aware of threats received (in his role as judicial expert for the criminal proceedings) which may include police or army personnel (likely) and will struggle to reconcile that knowledge (and keeping it confidential) with the Inquiry which involves such threats. 4/

Prof Ian Refalo was one of the 2 nominations imposed by @MaltaGov. Whilst highly respected as a constitutional & administrative law expert, there is one main matter that ought to rule him out entirely (or he should have refused). 5/

Refalo is the lawyer to the establishment (in its dictionary sense).

As retained advisor to the broadcasting authority, internal audit office, electoral commission, parliament, advisor for Minister of Justice Bonnici & even the AG, he is as far from impartial as it gets. 6/

Not only does Refalo and his law firm obtain a not insignificant source of income from advising the government but it is probably a fair bet that he may even have advised (in the past 2+ years) on something relevant to the inquiry. 7/

.@MaltaGov claimed that criticism about his roles / lack of impartiality is unjustified based on 2 arguments. 8/

gov.mt/en/Government/…

#1 - the right of access to a lawyer & freedom of a lawyer to practice - a non argument. There is no freedom or right to sit on an inquiry. 9/

#2 - The code of ethics for lawyers, verbatim: “Prof Refalo is well known for his integrity... That being said, lawyers are governed by a Code of Ethics”

Here’s where the catch is, unless he specifically advised on a matter covered, there’s no obvious conflict under the Code 10/

But can the choice advisor to the government on constitutional sticky points be considered impartial on an inquiry into the government’s failings? Is he certain that matters advised upon in the past we’re not relevant? 11/

The above doesn’t even broach the topic of Refalo also acting for clients investigated by Daphne Caruana Galizia such as Adrian Hillman & as part of the Panama Papers 7 team. 12/

daphnecaruanagalizia.com/2016/03/adrian…

daphnecaruanagalizia.com/2016/05/konrad…

Lastly, Dr Abela Medici, the other nomination imposed by the government on potential chairmen.

Rightly so, the government’s propaganda outlet did not dare refer to him as “known for his impartiality” simply because they likely couldn’t pull it off with a straight face 13/

His current role: government appointed Commissioner for Voluntary Organisations a role for which he was selected when the previous one was forced to resign.

His son also works with the Planning Authority.

He could not be independent if he tried. But there’s more. 14/

The son of a Labour Minister in the 1960s/70s, Abela Medici was also active in politics. Specifically active within @PL_Malta 15/

He felt that he suffered “discrimination” under non Labour governments too. Here’s a judgement decided (amusingly) by the Chairman of the Board finding against his claims of discrimination (for being Labour linked presumably): ecourts.gov.mt/onlineservices… 16/

But it gets worse.

Abela Medici, due to his background in forensics (more below), was asked for interviews on the Galizia case. Here he is repeating lines about how “Semtex was likely used” (disproven) & how the bomb was under the car (it was in it) & justifying delays 17/

It gets worse still. Abela Medici as a senior forensics expert in the Malta police throughout the turbulent 70s & 80s oversaw investigations into yet unsolved political murders such as Karen Grech & Raymond Caruana. 18/

His reaction as to whether he saw anything untoward within the police then? “yes”. His response as to whether he tried to do anything? “No, he almost did”. Here’s the interview: 19/

But it gets even worse.

In the gem of a 2013 interview he also goes on to say (with a laugh) that it is his opinion that there seems to be a tacit agreement between the two political parties in Malta @pl_Malta & @PNmalta not to solve these murders. 20/

There’s no outrage, no major regret or care for the victims and their families’ need for closure but a whole lot of arse covering & acceptance that the wish by Political Parties for things not to be made public “trumps” these & justice. 21/

You can catch the full interview here: 22/

Not only is Abela Medici ridiculously underqualified for an inquiry into alleged human rights breaches of this type, not only is he miles from independent (being financially dependent on government) but worse of all, by his own admission, he is privy to past breaches & laughs 23/