Key facts
- Malta is vulnerable to repeated instances of high-level corruption unless rule of law and journalist protections are strengthened.
- Yorgen Fenech was acquitted of involvement in the 2017 murder of anti-corruption journalist Daphne Caruana Galizia.
- The acquittal was by an 8-1 majority jury decision.
- The Council of Europe is investigating judicial failures following Caruana Galizia's death.
- Malta's state prosecutor is preparing an appeal for a retrial.
- EU funds could be withheld from Malta if rule of law issues persist, according to Iulian Bulai.
Malta is facing scrutiny over its rule of law and protections for journalists following the acquittal of businessman Yorgen Fenech in connection with the 2017 assassination of anti-corruption journalist Daphne Caruana Galizia. Shami Chakrabarti, a Labour peer and special rapporteur for a Council of Europe investigation, warned that Malta is vulnerable to "repeated instances of high-level corruption" if reforms are not implemented.
At the inquiry's first hearing, Chakrabarti expressed shock at the jury's decision to acquit Fenech, noting that a mastermind has not yet been held accountable nearly nine years after the assassination. Matthew Caruana Galizia, the journalist's eldest son, stated that the Maltese public, having seen the evidence, were convinced of Fenech's complicity, leading to an "atmosphere of utter disbelief."
Malta's state prosecutor is reportedly preparing an appeal to seek a retrial. Representatives at the hearing expressed concern, with Romanian politician Iulian Bulai suggesting the EU could use its rule of law conditionality mechanism to withhold funds from Malta, a procedure previously applied to Hungary. Malta, the EU's smallest member state, is a net recipient of EU funds.
Chakrabarti highlighted that many recommendations from a previous public inquiry into the murder have not been implemented. She compared the case to miscarriages of justice in the UK, such as the Grenfell Tower fire and the Post Office scandal. The public inquiry had found the Maltese state responsible for creating a climate of impunity, recommending measures like anti-mafia laws, which remain unimplemented. Corinne Vella, Caruana Galizia's sister, noted that the verdict has increased fear and unease among journalists continuing to investigate corruption allegations.