Updated | Opposition's defence of Elton Taliana is 'immature' - Minister Mallia

Following Nationalist MP Jason Azzopardi's claims that the police board which investigated the wrongful prosecution of 27-year-old Darryl Luke Borg was not independent, home affairs minister Manuel Mallia described the MP's statements as "politically immature and unfair."

The Opposition MP today insisted that the police board wrongfully sanctioned an inspector and let members of the Criminal Investigation Department get away scot-free.

Findings from the police board inquiry into the case concluded that Police Inspector Elton Taliana had failed to inform investigating officers that a second suspect had been interrogated and admitted to committing the crime while Borg was in prison for a crime he didn't commit. It also recommended that disciplinary measures should be taken against Taliana

However, Jason Azzopardi shed doubt on the board's independence and insisted that Taliana was not at fault.

Azzopardi said that the police board headed by former judge Franco Depasquale was "appointed by Joseph Muscat and proceeded against inspector Elton Taliana who carried out his duty and arraigned in court the person who was in fact guilty of crime."

The MP insisted that although the board was presided by an independent person "this didn't make the board independent."

He added that the Opposotion's reservations expressed in the past, were proven right.

"The decision flies in the face of reason. It condemned a person who resolved a crime. The board condemned a person who carried out his duties and followed the law," Azzopardi said on the police board's verdict on Taliana.

He added that the public now expects an explanation why the error was made and why an innocent man, Dayrl Luke Borg, was arraigned in court by the CID and spent two days in prison.

Azzopardi also underlined the fact that the 13-page report which was mostly concerned with Taliana had no criticism of the CID's actions.

"Why wasn't the CID leadership criticised? Does this have anything to do with promotions at the CID promised before the March election?"

The report also exposed a series of other shortcomings, Azzopardi said, asking "Who will shoulder responsibility for these shortcomings?"

The MP added that the decision taken on Taliana was taken collectively and not by one single person.

"We fully trust Depasquale but not the same can be said of the members of the board who are an extension of the Labour Party, home affairs minister Manuel Mallia and his chief of staff Silvio Scerri. The composition of the board shed doubts on the boards' independence," Azzopardi said.

He went on to ask why was an innocent person arraigned and who is going to shoulder responsibility.

"Is meritocracy now demanding that a person carrying out a job to be crucified? Does meritocracy mean that who carries out his or her duty faces the flak while those who do the wrongdoing get out scot-free?"

In reference to the report's conclusion that Taliana was legally obliged to speak to Magistrate on duty in regards top the mistaken arrest, Azzopardi was quizzed whether the inspector was duty bound to report to his superiors.

The MP insisted that Taliana was not legally bound to inform his superiors and instead reiterated that the inspector was wrongfully sanctioned for "carrying out his duties" while the CID officers got away scot-free.

Pressed to say whether Taliana had committed an error, Azzopardi insisted Elton Taliana carried out his duty appropriately.

The MP noted the "two weights two measures" by which the police board dealt with Taliana and the CID officers. 

Minister slams 'immature' Azzopardi

In a press conference held later this afternoon, home affairs minister Manuel Mallia hit back by saying that Azzopardi was "irresponsible" for criticising the police board while its investigations were ongoing.

The minister described Azzopardi as "politically immature and unfair" and reiterated his trust in both the police board led by former judge Franco Depasquale and the police.

"We published the report without pomposity. The government held back from commenting on the case and sought to appoint an independent inquiry."

"However, Jason Azzopardi adopted an irresponsible approach and decided to criticise the police board while it was conducting its investigation. Maturity and responsibility demand a different approach," Mallia said, adding that the Opposition should have taken a back seat and waited for the board's conclusions before discussing it in public.

Mallia, who was away on holiday while the controversy dominated the headlines, said he couldn't believe what was going on.

"I always believed that one should not jump to conclusions before the report is concluded. Yet, Azzopardi attacked the board and its reflecting the Opposition's immaturity. And even when the board was still listening to the witnesses, Azzopardi was already hitting out at the independence of the board," Mallia said.

The minister added that contrary to what happened in previous legislatures, the government published the report in its entirety.

"The report doesn't condemn anyone, it doesn't reach any conclusions apart from providing its recommendations," Mallia said, adding that the board had gone the facts thoroughly.

While stressing that he would not comment on the report, since the case is still open, Mallia said that Azzopardi had arrived to erroneous conclusions.

The minister underlined the board's independence and said that it was made up of people holding different political beliefs, stressing that Azzopardi was wrong in attacking the board members.

Turning the tables on the Opposition MP, Mallia said that it was Azzopardi who should do some explaining on how he reached his conclusions.

Speaking on Taliana's involvement, Mallia said that he was perplexed at how an experienced inspector was not capable of drafting a charge sheet properly or how he passed on information to people who were not involved in the case.

With 38 years of experience in criminal law behind me, I know that people were arrested, undergone jury and were liberated. 

Noting that errors do happen and in his long legal career he had come across similar cases, mallia said: "As a minister, I want to make sure that before anyone is in court, reasonable suspicions must be in place."

On Azzopardi's criticism on the CID, Mallia explained that unit's leadership remained unchanged from the previous legislature and reiterated his trust in the CID members.

"I ask Azzopardi to shoulder his responsibility. One shouldn't comment and defend somebody else without knowing what the outcome of the process is."