Azzopardi urges Malta to criminalise misconduct in public office after Fenech trial
Lawyer Jason Azzopardi has called on the Maltese government to introduce three new criminal offences, citing gaps exposed by the Yorgen Fenech trial.
Three legal gaps laid bare by the Fenech proceedings
Lawyer Jason Azzopardi has urged the Maltese government to urgently add three criminal offences to the country's Criminal Code, arguing that the Yorgen Fenech murder trial has laid bare serious shortcomings in Maltese law, Lovin Malta reports.
Azzopardi served as parte civile lawyer throughout the proceedings against Fenech and told reporters he had witnessed first-hand the consequences of Malta's failure to criminalise certain conduct that came to light over the past two months of testimony.
"There is a lot I have to say, but for now I will make an appeal as someone who has seen with his own eyes the consequences of our Criminal Code's failure to treat as criminal offences many of the actions you have heard about over the past two months," Azzopardi said.
The three offences he identified are all present in UK law: misconduct in public office, perverting the course of justice, and assisting an offender. The first two carry a maximum sentence of life imprisonment in the United Kingdom, while assisting an offender carries a maximum of ten years. "Malta does not have them," Azzopardi said.
He argued that the absence of these provisions had become especially significant in relation to conduct that allegedly occurred after the murder at the centre of the case.
"You have heard about actions that took place AFTER the murder which, although they shocked us, are nevertheless not criminal offences," he said.
Azzopardi added that he had put forward proposals for the introduction of equivalent offences on two occasions before 2022, but that both proposals had been voted down. He appealed directly to the government "to legislate immediately," saying: "I hope that today you have realised just how much we need them."
He also pointed to the limited scope of current investigations, noting: "Remember that the only person subject to an investigation order is Charlie Wires, a very junior court employee."
Azzopardi further claimed that attempts to influence witnesses had gone unpunished, stating: "Yet apparently there is no problem if you try to bribe a witness or approach a witness to get them to testify in your favour."
Azzopardi's statements represent his own interpretation of the evidence and of the legal framework surrounding the proceedings. They do not, in themselves, establish criminal wrongdoing by any individual.
Source: Lovin Malta