Category: Mediawatch

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Mediawatch

Judge Grixti’s Catch-22

“They don’t have to show us Catch-22,” the old woman answered. “The law says they don’t have to.”
“What law says they don’t have to?”
“Catch-22.”


Catch-22, Joseph Heller

Konrad Mizzi, the government and anybody with an interest in transforming the Mizzi/Schembri Panama Papers issue into yet another story of apparent ‘allegations’ are crying victory all over the social media following the Appeals Court decision to overturn a lower court’s decision to allow an in genere inquiry (inquest-inkjesta) to go ahead into allegations of money laundering by the government’s star-minister.

Ignorance of the law has always been abused of and politicians will continue to do so, as long as citizens are happy to be taken for a ride. The Court decision today is all about not allowing an inquiry to go ahead. It does not exculpate Mizzi – far from it. The whole judgment reads as a technical examination on whether or not the grounds exist for an in genere inquiry to go ahead. In layman’s terms the Judge was examining whether the report that was made was substantial enough to justify starting an examination of facts in order to preserve such facts for what could eventually be a prosecution.

The worry in today’s Malta is that the systemic breakdown that includes the breakdown of the rule of law has affected every branch of our democracy’s institutions. Our Justice Minister constantly takes pride in reminding everyone who complains that, among others, we have a faultless judicial appointments system. And yet.

Yet the Venice commission report clearly pointed out faults in this appointments system. The judiciary remain firmly within the hold and control of the executive – particularly with regards to their hopes for their future career development. It would not take much to begin to wonder whether judgments are being written in reverse – a decision is taken and then an excuse for a justification for a decision that grasps at straws to sound “law-worthy’ is conjured up as a supposedly good reason to reach that decision that has already been decided.

Judge Grixti’s ruling is faulty. There is no harm in saying that because, as I know very well myself, drafters of judgments are far from being infallible. It is not enough to claim that it is faulty though – an explanation must be given. @bugdavem on twitter gave the perfect explanation in a thread that I am reproducing below.

I will only add that Grixti seems to have come up with a Catch-22 situation for anyone wanting to report a crime with the hope to get an inquiry in genere going.

It goes something like this: You need an in genere inquiry to investigate, find and confirm the existence of proof that may be used for a future prosecution of a crime. In order to get an in genere inquiry going you need to provide the type of proof that would normally be found and obtained by the in genere inquiry itself. See? Grixti’s very own Catch-22.

Bugdavem on twitter

The catch with Judge Giovanni Grixti’s ruling is (and this is where you realise that the Maltese courts have – intentionally or otherwise – no understanding of money laundering), that attempted money laundering is in itself a crime punishable by 3+ years imprisonment.

What does that mean or entail? Money laundering laws set a low threshold for evidence given that, in practice, the machinations that might be employed by launderers or attempted launders could frustrate justice.

In a case of actual money laundering, the threshold needed for the prosecution is prima facie – at face value – that there is no logical or lawful explanation for the monies to be laundered. The Maltese courts have held jusrt this in the past and it is also clearly stated in the law.

Once that is proven then it is up to the defendent to prove to the satisfaction of the court that any monies and arrangements were in fact lawful and legitimate. This is the rule for actual money laundering as well as the threshold and burdens of proof required.

For attempted money laundering, the threshold is even lower since given that this is an “attempt” one would need to show prima facie the intention and preliminary steps taken to implement that intention.

In Judge Giovanni Grixti’s decision to reject even the opening of an inquest to saveguard evidence (ie, not even for a prosecution so the threshold is actuallylower) he ruled that he expected a level of evidence that is higher than the prosecution in an actual case of laundering .

This is the active part where he stated that is was incumbent on the complainant, here Simon Busuttil, to prove how the series of events and machinations were illegal (as opposed to the threshold of prima facie no logical or lawful explanation).

Anyone with half a brain can see how bizarre this is. The threshold to request a magistrate to safeguard evidence in attempted laundering which the Police won’t investigate is (by virtue of this judgment – J’accuse) actually (set) higher than that required by the Police to secure a conviction for actual money laundering.

Categories
Mediawatch

A nation of tree buggers

Strong winds in Luxembourg last night uprooted several trees around the country. Bad weather can be a bummer. That’s bad weather though, in Malta some idiot sitting at a desk decided to kill a tree that had lived through a world war because “it was becoming dangerous for passers by”. The most dangerous naturally occurring thing in Malta is ignorance and it’s spreading out of control.

Il-ballata tal-balluta. – Antonio Tufigno

Jien twelidt qabel il-gwerra, ma kien fini kważi xejn
Kont ftit iqsar minn sitt piedi, u lin-nies ħarist fl-għajnejn

Meta l-ħbit tal-għadu twettaq, fost adrenalina enormi
Min ifittex biex jistaħba, min inemmel bl-uniformi

Imbagħad kollox waqaf f’daqqa, ma baqgħex theżżiż jinħass
Qisha bdiet dinj’oħra kalma, u l-inkwiet maqtugħ b’imqass

Minn quddiemi jgħaddi kollox, ħafna postcards kuluriti
Moviment grazzjuz u varju, rġiel għax-xogħol liebsin puliti

L-għajjat li jdawwallek qalbek, ta’ tfal żgħar qed jieħdu gost
Għax kważi waslu l-Barrakka, ġiri u logħob sfrenat fil-post

Rużar Briffa ħosbien jgħaddi biex fuq bank jikteb bil-qegħda
U l-għarajjes intreċċjati lesti biex jagħmlu kull wegħda

Umbagħad wara xi elezzjoni tkun maħnuqa poplu l-pjazza
Ġemgħa orgażmika għax rebħet, logħba sfida u ġlieda mqaddsa

Sadattant ġibt ruħi sewwa, fini kważi żewġ sulari
U kuntenta b’ħajjti u posti, allavolja minhix rari

Drajt iż-żwiemel u l-karozzi, pjaċir wisq li tkun fil-qalba
Ta’ Belt hekk movimentata, u għal tibdil żgur m’għandix talba

Pero’ llejla ġew ħaddiema, ma jidhrux li ħbieb tal-ġonna
Kienu mgħaġġla, kienu koroh, kienu ‘ed jidgħu bil-Madonna

Issa ma nistax nitkellem jew inħoss sħana jew bard
Issa jien m’għadnix neżisti, għaliex jien dal-lejl sirt l-art.

 

 

 

 

 

 

(Ritratt u poezija migjuba bil-permess tal-awtur.)

Categories
Mediawatch Middle East

Trump u Gerusalemm: Titnehha l-maskra

Intervent li għamel Karl Schembri fil-gażżetta t-Torca. Din qiegħda tiġi riprodotta hawn bil-permess tiegħu. L-opinjoni espressa fl-artiklu hija tiegħu personali.

L-aħbar li l-Amerka tirrikonoxxi Ġerusalemm bħala l-kapitali tal-Iżrael m’għandha taħsad lil ħadd. Jekk xejn, fl-aħħar, tneħħiet il-maskra tad-dupliċita’ perversa tal-Amerikani lejn il-kwistjoni tal-Palestina. Trump, bil-vulgarita’ medjokri tiegħu, ineħħi kwalunkwe pretensjoni falza lejn l-hekk imsemmi ‘proċess ta’ paċi’. Staqsi kwalunkwe Palestinjan u jgħidlek, “xi proċess? B’min trid titnejjek?”. Trump fl-aħħar ta s-siġill tal-approvazzjoni tiegħu lejn kull illegalita’ li twettaq l-Iżrael fil-Palestina okkupata. Mit-tkeċċija tar-residenti Palestinjani f’Ġerusalemm, għat-twaqqiegħ tad-djar u l-iskejjel Palestinjani, sal-bini tal-kolonji Lhud fil-qalba tal-Palestina. Tneħħiet ukoll il-pretensjoni li l-Amerka hija l-medjatur ta’ rieda tajba bejn l-Iżrael u l-Palestina. Trump għamilha ċara iktar minn qatt qabel, imma ma ninsewx li taħt Obama nbnew l-iktar kolonji fl-Istorja u kellna l-ikbar gwerra mdemmija fuq Gaża.

Il-mistoqsija issa hi: X’se tagħmel il-bqija tad-dinja? X’se jagħmlu l-kapijiet Għarab? U x’se jagħmel Mahmoud Abbas? Diġa’ rajna ftit kliem ta’ rabja mill-kapijiet minn madwar id-dinja. X’se jagħmlu dwarha? L-Għarabja Sawdija, il-Ġordan, l-Eġittu u l-istati pupazzi kollha tar-reġjun m’huma se jagħmlu xejn. Bħalissa qed jittollerraw ftit protesti fit-toroq. Ftit ieħor jibdew jarrestaw l-imqarbin li jgħollu leħinhom.
Abbas, li kieku għandu ħabba waħda ta’ dinjita’, ixolji l-Awtorita’ Palestinjana, jagħlaq ir-rappreżentanza Palestinjana f’Washington DC, u jiddikjara darba għal dejjem li l-ftehimiet kollha, ibda minn Oslo, huma nulli u mitfugħin fil-miżbla tal-Istorja. Imma mhux se jagħmel hekk. Jiddependi mill-Amerikani biex iħallas is-salarju tiegħu stess u ta’ eluf ta’ impjegati tal-Awtorita’ Palestinjana.

Il-PLO — l-Organizazzjoni għall-Ħelsien tal-Palestina, imissha issa tagħmel dak li jgħid isimha — twassal għal-liberazzjoni tal-Palestina. Ma fadalx triq politika miftuħa. Għall-Ewropa, dan huwa ċans biex tidħol bħal qatt qabel u tiddefendi l-liġi internazzjonali. Malta għandha tgħolli leħinha fl-Ewropa u tfittex gvernijiet li huma tal-istess fehma sabiex jagħmlu pressjoni fuq l-Iżrael.

L-Iżrael issa, bis-siġill ta’ Trump, se tkompli tagħmel dak li ilha tagħmel għal deċennji. It-tindif etniku tal-Palestina. Din tħalliha b’żewġ possibiltajiet: Jew tiddikjara l-Palestinjani ċittadini tagħha u ttihom drittijiet indaqs bħal-Lhud tal-Iżrael, jew inkella taċċetta li dan huwa stat ta’ Apartheid. U lkoll nafu kif il-bqija tad-dinja trattat l-Afrika t’Isfel fis-snin tal-Apartheid.

Karl Schembri għex għal erba’ snin fil-Palestina okkupata u bħalissa jgħix fil-Ġordan fejn jaħdem bħala media adviser għal-Lvant Nofsani ma’ aġenzija umanitarja. L-opinjoni espressa f’dan l-artiklu hija biss dik personali tiegħu.

Categories
Mediawatch Values

The Truth when Lies are Paid for

Way back in 2005 I chose the slogan “the truth, if I lie” (la vérité si je mens) for this blog. The truth is an important aspect whether we are talking about reporting or opinion forming. Facts and the truth should be the basis of assessment in a normal democracy. We all know by now that in this age of post-truth this has changed:

“We have entered a new phase of political and intellectual combat, in which democratic orthodoxies and institutions are being shaken to their foundations by a wave of ugly populism. Rationality is threatened by emotion, diversity by nativism, liberty by a drift towards autocracy. More than ever, the practice of politics is perceived as a zero-sum game, rather than a contest between ideas. […] At the heart of this global trend is a crash in the value of truth, comparable to the collapse of a currency or a stock.” (Matthew D’Ancona, Post Truth, The new war on truth and how to fight back).

One manifestation of the manipulation of truth is the increasing use of space on mainstream media for paid propagation of information. Large chunks of public money are used to buy space on media to sell statements in an effort to turn them into universally accepted truths. More often than not the use of “statistics” is facilitated by the virtual disappearance of any proper watchdog and by the building of walls of silence that laugh in the face of the transparency that should be reinforcing the veracity of such statements.

Take the “record unemployment” figures that this government loves to flaunt. Behind such figures lie so many half-truths buried in statistical convolutions such as the reformed unemployment scheme that ensures that people vanish off the lists much before they enter gainful employment, such as the obvious reliance on a bloated civil service to take on more “jobs for the boys”. That same record unemployment was behind the use of the power of incumbency in the last election where famously Gozitan entrepreneurs and SME’s and employers in the entertainment industry found themselves short of staff simply because the government did the magic absorbing trick of vanishing their employees away into the civil service.

But there is another equally worrying trend. The government has found ways to buy “authenticity” by purchasing its way onto spaces in the media that could deceivingly be passed away as independent reporting. In the beginning it was close collaboration with houses like The Economist hosting talks in Malta packed full of government spokespersons and ministers. The Economist would be happy to lend its name to a national government paying its way into its discussion space. Two “The World in XXX” events plus one “Mediterranean Leadership Summit” were thus organised by the Economist in Malta at the Hilton Portomaso. The Mediterranean Leadership Summit, held in 2016, included Henley and Partners as its Gold Sponsor (we all know who these are), the Libyan Investment Authority as its Silver Sponsor (notwithstanding the fact that the LIA had had its assets frozen by the UN since 2011), and Finance Malta and Maltco lotteries as contributors.

It is not just events though. Articles can now be bought. Yes, you read that right. Articles on major international news portals can actually be “paid content”. Thus, the CNN article doing the rounds about Malta being one of the Top 15 country destinations for Christmas was apparently yet another paid article. Here are Andrew and Paul Caruana Galizia calling out another paid report, this time one that appeared on the Guardian:

Do not underestimate the government use of paid social media ads and posts (such as facebook campaigns). As time goes by, the Facebook algorithms are fine tuned to push to the top of your screens any paid information. While you scroll through the online papers and you see repeat adverts also paid for by government to promote its spin remember that. The campaign to disinform is much stronger than you think. The solution is to be vigilant and call out whenever you can.

Finally do not let the irony escape you that these lies and half-truths are funded by YOUR money. You are actually paying taxes that are then used to sell you untruths.

It’s a liars’ world out there. The truth, if I lie.

Categories
Constitutional Development Mediawatch

The Beautiful Garden

The atmosphere at the European Parliament this Tuesday was surreal to say the least. Not being too familiar with the building I arrived just as the debate on the Rule of Law in Malta had kicked off and took a seat hurriedly in the visitor’s balcony. Just as I started to take in the different speeches I noticed that I was seated a couple of seats away from Daphne’s family and the whole business took a wholly different perspective.

It was inevitable that different agendas would be pushed during such a debate. It was, as predicted, a repeat of the Pana Committee meetings with many deputies intent on taking advantage of this moment of weakness of the Maltese state in order to peddle their usual attacks on the island nation’s fiscal policy. Politics is politics and it would be too much to ask of all the deputies in the house to stick to the agenda at hand. Probably.

I felt very ill at ease though, for every other thirty seconds Daphne’s name was brought up. Whether it was to bolster an argument regarding the state of the rule of law in Malta or whether it was to harp on that spurious link between a legitimate fiscal policy and an atrocious cold-blooded murder, those three words would be repeated and would rebound along the walls of the Hemicycle. Each time I heard the name I did not dare look at Daphne’s family but I could not help wonder how awkward all this might seem, how distant from the warmth of a mother and a wife. True, we were there also because of what had happened and yet the way most politicians took over the name and memory of the recently departed did not seem right.

The weak respects jarred mostly in the mouths of those who could barely hide their contempt towards the very fact that we were there in that room, discussing the failure of a society and not only the failure of law and government. They went through the motions expressing regret for Daphne’s sudden departure though it sounded as convincing as a note of apology by the Transport Authority whenever the buses run late.

It was painful. Painful for me as a mere outsider who quite readily admits to having had strong differences of opinion with Daphne throughout the last years and who refuses to succumb to the temptation of creating false hagiographies. In fact I am quite happy to be clear that I did not find Daphne and her work to be perfect. Far from it. It is like stating the obvious. Somehow though I feel that it makes my case for demanding respect for her work all the stronger. Above all it puts the moment in perspective – there is an institutional crisis that led to a journalist being killed while doing her work and without any doubt because of the work she was doing. Daphne was killed with impunity because, in the words of her husband, she mattered.

The institutional crisis, the social deficit, predates Daphne’s assassination. The battle against the rot definitely predates Daphne’s assassination. The warning signs predate Daphne’s assassination. The side of Daphne that we want to remember and be inspired by is the one that was so ably described by her husband. It is the one who aspired to beauty in a world that she saw (as did many others) turn uglier by the minute. Before the situation became desperate it had already turned ugly. So ugly that it rendered others cynical. So ugly that many lost hope.

This is not about a sanctification of a person. This is about continuing the work that Daphne excelled in and that others too worked hard for with different results. The inspiration we should and must take is the Beautiful Garden. We should each build our own little garden and start to expand that slowly until the gardens take over.

The gardens are our hope, our courage, our future.

 

“But Daphne never grew cynical; she grew outraged and appalled by the increasingly sordid and frightening facts that emerged from her work. The more frustrated she grew at the state of our country, the more beautiful our garden became, the more trees she planted, the more books, art, ornaments and curiosities from all over the world arrived at our home. Daphne created, in the words of one of my sons, a parallel world of beauty in a country that slipped further and further away from European values and norms of behaviour which she held so closely. Meanwhile, Daphne’s work never slowed. With every story she broke, particularly about the money laundering network with links deep and wide connecting many of Malta’s political and business elite, her readership grew larger and more loyal.” – Peter Caruana Galizia

 

Categories
Mediawatch

Manuel Mallia’s Rule-By-Law

 

Speaking in parliament last night, ex-Minister Manuel Mallia took a swipe at whoever had anything to do with the leaking FIAU documents. In a scene befitting pre-1989 East Germany, Mallia told parliament that the leaker of the report as well as anybody having access to it (including the PN) should be prosecuted because they are guilty of a crime having violated the confidentiality of said documents. “The documents of the FIAU needed to be kept secret because the unit’s investigations were sensitive and disclosure of information would undermine those very investigations”, Dr Mallia said.

What we have here is a clear example of “rule-by-law” where the strict letter of the law is used to silent dissent and to annihilate any possible means of rendering the powers that be accountable. Manuel Mallia’s threats, for threats they are, do not come in a vacuum. They must be put in the context of the dismissal of former FIAU official Jonathan Ferris and of the FIAU Head of Compliance. They must be put in the context of the admission by most of the national press that they have been forced to revise archived reports under threat of expensive litigation. This must also be put in context of the lack of collaboration reported by the European Parliament PANA committee

In any other context but this, this matter would be considered as Whistleblower territory. In any other context the content of the leaked document would be of much graver concern, the consequences of the failure to act upon the content of such documents would be the focus of a responsible government. This is not another context. This is Malta of L-Aqwa Zmien – rule by law is misconstrued as rule of law, anything in the power of government to hide, to shut down criticism, to avoid proper scrutiny, to annihilate any dissonant narrative is fair game.

We are living in a time of Rule-By-Law. This is also why the calls for a return to a system of rule of law are being made.  In contrast to rule-by-law (rule by means of norms enacted through a correct legal procedure or issued by a public authority), Rule of Law implies also the safeguarding of fundamental rights and freedoms – norms which render the law binding not simply because it is procedurally correct but enshrines justice. It is the Rule of Law, thus understood, that provides legitimacy to public authority in liberal democracies.

Meanwhile Manuel Mallia’s witch-hunt had better expand internationally: Green MEP Sven Giegold’s website contains a link to leaked FIAU documents.