State Advocate Is ‘Taking Repubblika’s Side’ In Joseph Muscat’s Magistrate Case
Something that has flown under the radar in Joseph Muscat’s constitutional case is that the State Advocate and Repubblika are taking the exact same stance.
Muscat’s case to remove magistrate Gabriella Vella from the hospitals inquiry on the grounds that she isn’t impartial was actually filed against the State Advocate, that is the government’s main legal advisor.
And the State Advocate and Repubblika are on the same page.
In a recent sitting, State Advocate lawyer Isaac Zammit criticised Muscat for trying to get Repubblika to exhibit the documents they presented to get the magisterial inquiry underway.
“He is trying to go through the window after finding the door closed,” Zammit said, noting that the Criminal Court and magistrate Vella had already refused Muscat’s request.
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Repubblika president Robert Aquilina acknowledged this during a recent Lovin Malta interview, although he stressed that the State Advocate “is the lawyer of the state, not the government”
“In this case he is taking our line. The State Advocate’s lawyers and Repubblika’s lawyers agree with each other that the magistrate shouldn’t be changed as that wouldn’t be in the interests of justice,” Aquilina said.
While Muscat’s statement after the sitting criticised Repubblika for failing to present this document, it made no mention of the State Advocate.
“Why don’t these people who speak so much about transparency want to present this document? What are they hiding? Perhaps they are scared that this document will show how many laws and rules are being broken so that they can get revenge through this mistrusted inquiry.”
However, presenter Emanuel Cuschieri – who has been of Labour’s most vocal supporters of Muscat throughout this process – did notice the State Advocate’s role in all of this.
“Is it true that Repubblika said the State Advocate is also against Dr Muscat?” Cuschieri wrote.
“The State Advocate is the government’s lawyer. Does the State Advocate have any comments to make? If true, it would be shameful and seriously concerning for the rule of law in our country. Is it possible that we have reached a stage where the State Advocate is defending a PN faction? The time is coming where Labour supporters will no longer remain passive in the face of these manoeuvres that undermine true justice and the rule of law.”
From left: State Advocate Christopher Soler, former PM Joseph Muscat, Repubblika president Robert Aquilina
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