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Could The Splitting Up Of The AG’s Role Open The Floodgates To Legal Challenges In Malta?

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The splitting up of the Attorney General’s role could potentially result in a number of legal challenges over whether or not certain offenders received a fair trial.

Legal sources explained to Lovin Malta that the change could see a number of cases dropped and offenders set free, as had been the case when the right to a lawyer during police interrogation was introduced and further enforced through a landmark European Court of Human Rights judgement in 2015.

For example, a case that has political undertones may be deemed to have breached a person’s right to a free trial and be thrown out over the clear relationship and influence the AG has with the government and vice-versa.

In fact, the double role of the AG as an advisor to the government and prosecutor has already been questioned in a constitutional case that was filed last December.

The lawyers spearheading the case – Franco Debono, Amadeus Cachia and Marion Camilleri – have argued that the AG’s dual role means that he cannot act or exercise any power in his individual judgement as he is also subject to the direction of the government.

Debono, a former MP, has long advocated for the reform, insisting that the AG’s role places him in a blatant conflict of interest whenever he needed to prosecute the government.

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Justice Minister Owen Bonnici with Attorney General Peter Grech

Earlier this week, Justice Minister Owen Bonnici confirmed that the government will table a proposal to divide the AG’s roles as public prosecutor and legal advisor to the government with a prosecutor’s office expected to be set up.

A PN government had proposed the reform back in 2002, however, this was shot down by the PL opposition.

The government’s plans are to have the amendment in place by the summer. The bill would need a two-thirds parliamentary majority, and thusly the backing of the Opposition, given that it would be a constitutional change.

The reform follows recommendations made by the Venice Commission, an expert Council of Europe body, who expressly flagged this as an area of concern.

Bonnici has revealed that the government will also be rolling out other legislative measures to address other areas raised by the Venice Commission. These include changes to judicial appointments, he role of the Ombudsman, permanent secretaries, positions of trust, independent commissions and the police force.

Lovin Malta has attempted to reach out to Justice Minister Owen Bonnici for a comment.

READ NEXT: Malta Will Finally Split Attorney General’s Role To Tackle His Blatant Conflict Of Interest

Julian is the former editor of Lovin Malta and has a particular interest in politics, the environment, social issues, and human interest stories.

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