Jason Azzopardi questions decree dismissing inquiry requests after receiving court document authored by different magistrate

Lawyer Jason Azzopardi has filed an appeal in the Criminal Court, arguing that the decree rejecting his request for a magisterial inquiry was not issued by the magistrate who had initially been assigned with handling the requests.

Azzopardi stated the ruling was authored by Magistrate Donatella Frendo Dimech, despite previous indications that Magistrate Brigitte Sultana was handling the request.

The claim is based on the electronic document containing the decree that was emailed to Azzopardi by the courts. The document author was listed as Donatella Frendo Dimech, who was not the magistrate dealing with the inquiry requests.

In his appeal filed on Wednesday, Azzopardi argues this raises questions about the legal process and the reasoning behind the rejection. He said he consulted an IT professional, who confirmed that the document he received was indeed authored by the person whose name appeared on it. This expert, while admitting he was not specialised in forensic informatics, assured Azzopardi that the document metadata confirmed the name of Magistrate Donatella Frendo Dimech as its author.

Documents seen by MaltaToday show that the author of the document forwarded to Azzopardi was listed as Donatella Frendo Dimech. This newspaper cannot independently confirm whether it was the magistrate who actually authored the document. 

Azzopardi had filed three separate requests for magisterial inquiries related to allegations of wrongdoing involving Gozo Minister Clint Camilleri. The requests, lodged towards the end of January, concerned the construction of a road in Nadur, a sports centre swimming pool and the distribution og berthing spots at Mġarr Harbour. All three requests were rejected by Magistrate Brigitte Sultana.

The lawyer argued the decision to reject the inquiries places an unfairly high burden of proof on private citizens seeking justice, contradicting legal precedents where similar requests were accepted. He insists that a magisterial inquiry is meant to gather evidence, not determine guilt, and that past cases—such as those concerning the Vitals hospitals deal and the Panama Papers—were launched on the basis of journalistic investigations and sworn statements.

Azzopardi also raised concerns that the magistrate dismissed press reports as mere opinion, despite government press releases being included as evidence. He questioned why official government figures, such as the increased cost of a public project in Gozo - from €9 million to €16 million - were not considered substantial enough to justify an inquiry.

Another issue raised is the alleged purchase of construction material from an illegal batching plant in Gozo. Azzopardi argues that government approval of such purchases implicates officials in illegal activity and should warrant an inquiry. He also noted that the Malta Development Association condemned the operation of these unlicensed plants, yet the magistrate failed to acknowledge this.

He is asking the court to overturn the decision, maintaining that his request met all legal requirements.

“This ruling creates a dangerous precedent where only those with state resources can seek justice,” he stated in his appeal.

The appeal is scheduled to be heard at noon on Monday.

Prime Minister reacts

Meanwhile, Prime Minister Robert Abela criticised Azzopardi's request for two magistrates to be investigated, calling it "an attack" on the judicial system. "I condemn it outrightly and will not allow it to happen, more so when it is coming from the person who is making it," Abela wrote in a Facebook post.

He accused Azzopardi of forming part of the Nationalist Party's "extreme faction" and accused the party of double standards.

"Because a magistrate did not decide as they wanted, in judicial acts they accused her of being complicit in a criminal act," Abela wrote.