The justice system is failing victims of organised crime

Almost eight years after Daphne Caruana Galizia’s assassination, delays in bringing criminal suspects to trial for her murder and for her stories, are denying her justice. While no one can be kept in prison without trial indefinitely, trials could and should be completed before bail becomes a concern. Defendants, prosecutors, and the courts should not be allowed to extend proceedings for years. Procedural delays only serve the guilty, who benefit from the slow pace.

Successive justice ministers have promised to reform court procedures but have failed to do so. When the current justice minister, Jonathan Attard, took office he said: “Some delays don’t make sense to the accused, the victim or society. It’s an absolute priority for us to make decisions and implement reforms so as to seriously address this reality that has been with us for a long time.” His actions since then have not lived up to his words.

Trials are also delayed because there are not enough judges and magistrates, and because the court budget is inadequate and used inefficiently. But it’s the government who can reform - through parliament - the laws of procedure that determine the speed of proceedings, who appoints members of the judiciary, and who determines the court budget and appoints its administrator.

The years of delayed reforms are a disturbing contrast to the speed with which the government has moved to enact legislation to curtail citizens’ right to ask for a magisterial inquiry - making it even harder now for us to ensure accountability.

The public inquiry into Daphne’s assassination found that the Maltese State had failed to protect Daphne’s life. It is now failing her in death. The bomb blast that killed her was a warning: the justice system is failing the victims of organised crime.