There is something almost touching about institutional self-pity. The Permanent Commission Against Corruption (PCAC), that museum piece of Maltese governance, has now “thrown down the gauntlet” to the public, as reported by The Times of Malta.
The problem, according to the PCAC, is not that it has never successfully transmitted a corruption case for prosecution. Whether this was because the carrier pigeons were shot down on the way or because the gas-powered interweb didn’t work is something we would need an intrepid reporter to unearth.
But if you read on into the reasons for this abject failure, you will find that no, the problem is you. Yes, you. The citizen. The meddlesome taxpayer who naïvely assumed that reporting suspected corruption did not require first assembling a prosecutorial brief worthy of The Hague.
As reported, retired Judge Lawrence Quintano appeared exasperated. Too many complaints (though none appear to have been filed for the last two years) apparently do not meet the exalted threshold of legal precision that the PCAC seems to require.
Allegations are vague. Evidence is incomplete. Citizens confuse impropriety with criminality. They need to get their act together.
Pause there.
This is an anti-corruption body that, in decades of existence, has not managed to produce a single prosecution. Not one. Not a solitary file that crossed the sacred Rubicon into the hands of the Attorney General with sufficient merit to proceed.
Yet the tone is not one of institutional introspection. It is pedagogical irritation. The subtext is breathtaking: “We cannot function because the public is insufficiently trained.”
Imagine a fire brigade complaining that the flames were inadequately described. Or a hospital insisting that patients arrive pre-diagnosed, scans in hand, annotated by senior specialists. Corruption, it seems, is now a premium reporting service.
Indeed, citizens are effectively being advised to consult lawyers, preferably criminal lawyers, ideally with administrative law seasoning, before filing a complaint. One might as well introduce a gate fee: ‘Anti-corruption reporting packages available. Legal Beagle surcharge applies.’
Let us be clear. No one disputes that in the criminal forum, standards of evidence must be high, as are the standards of practitioners at that bar, and my tongue is not in my cheek. Promise.
Seriously, no one expects a commission to act on gossip or in response to political theatrics, but there is something profoundly inverted about a body that has delivered nothing measurable having the brass neck to lecture us about evidentiary thresholds.
If complaints are weak, ask why. If citizens are confused, educate them. If procedures are unclear, publish guidance.
And, perhaps more importantly, if resources are lacking to the point that you can’t investigate complaints (even from uneducated oiks), say so plainly and demand reform. Reform from the very people you’re supposed to be investigating, that is, which is likely going to be a thankless task, a bit like asking turkeys to vote for Xmas.
But it needs to be done, because what I heard was not a technical clarification about the burden of proof. What I heard was “We haven’t done anything, but don’t blame us, you haven’t given a ready meal, and we don’t have the cash to buy and cook the ingredients”.
In a country where corruption scandals have not exactly been theoretical, that message lands badly. Very badly.
An anti-corruption commission exists to lower the barrier to accountability, not to raise it. Its function is to sift, investigate, refine and, where warranted, escalate. It is not a body shop where dingy complaints are panel-beaten into prettiness.
Is Quintano’s real message that the institution is underpowered? That it lacks teeth? That it is structurally and financially constrained? Then that gauntlet should have been thrown at the government, not at “we the people”.
Otherwise, when a watchdog that has never barked complains about the quality of the alerts it receives, the public is entitled to wonder whether the problem lies not with the whistle but with the will to blow it.
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Whilst the PCAC is dissing the public for not submittiting complaints in a fully researched evidentiary dossier – which incidentally they neither have the training nor the legal access to research and produce – don’t forget that the police – who do have such access and the supposed training – also act as mere fuctionaries and simply “forward” complaints to the courts without any verification, investigation or consolidation.
A govt official recently complained that “due diligence” is very boring because it is merely a box ticking exercise. Therein lies the problem.
This commissions brief is to investigate itself without the need of other people requesting investigations.
A straight question has this commission investigated any fraud or illegal act of any member of PARLIAMENT that is in the public knowledge?
There was substantial evidence of a minister arranging with another to scam over 50,000 public euros into the hands of the former’s girlfriend, using a fake government posting. There was substantial evidence of fraudulent gain of 15,000 by another minister’s boyfriend under a fake consultancy job. So substantial that the showman Abela himself felt the need to kick them out of cabinet and party group. But what does the PCAC do?