An article entitled 'AG knows nothing about investigation' (Malta Today of Wed 2 September) quotes the Attorney General as stating, "...matter would be covered by the client/lawyer relationship and therefore I would not be at liberty to disclose the information you seek," referring to the investigation into the alleged beating of a young man inside the St Julian's police station.
I wonder who the AG is representing, the State or the Government? Who is the client in this case? When the government, whilst carrying out its executive duties, violates the law or Constitution, who is bound to seek redress in court? Who defends the State against abuses and illegal deeds committed by the Government, on the similar grounds that the same AG uses to prosecute criminals or other outlaws against the State?
It is to my understanding that the manner in which the office of the AG is established violates the concept of Separation of Powers, a fundamental pillar of Liberal Democracy that is meant to restrain excessive political power of the governing institutions of the State. The AG’s office should be an independent institution that continuously scrutinizes the Government (OPM, Ministries, and Govt Departments) against unlawful and unconstitutional acts, and makes use of our Judicial Courts to seek remedy.
The Government must avail of independent legal counsel: paid by the State, but a separate institution from that of the office of the AG.
Only this way the citizen can feel secure.
Any comments?
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