MALTA: BLAME THE LAW, NOT THE JUDGE OVER DISMISSAL OF PANAMA PAPERS CASE

On 13th January, an article in the Times of Malta in which the Dean of the Faculty of Law is quoted as saying that the judgment handed down by the court makes good law; it is the law itself which makes bad law.  A “Catch 22” situation is said to exist where you need an in genere inquiry (where anyone, and not just the police or Attorney General, can request a magisterial investigation) to investigate, find and confirm the existence of proof that may be used for a future prosecution of a crime; but, in order to get an inquiry going you need to provide the type of proof that would normally be found and obtained by the in genere inquiry itself.

https://www.timesofmalta.com/articles/view/20190113/local/blame-the-law-not-the-judge-dean-of-faculty-of-laws.699081

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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