Is this Malta’s ‘tangentopoli’ moment?
Three Transport Malta officials were charged with corruption on Monday for helping candidates pass their theory and practical driving tests in a case that goes back at least to 2020.
While this case once again reinforces the perception of widespread corruption and clientelism that is eroding public trust in institutions, it also suggests that the police are finally taking action regardless of the political consequences inevitable.
In a certain sense this could represent Malta’s most acclaimed ‘tangentopoli’ moment – the police seem to have uncovered a racket that could have a political snowball effect.
This is a most welcome development considering the institutional paralysis and impunity on high-level corruption cases related to the various spin offs from the Panama Papers, on which one still awaits action.
This particular case is more blatant as it suggests that public institutions have been hijacked by officials who are willing to use their office to help a select few to cheat towards something as ordinary and basic as a driving test.
Here we are not talking about multi-million contracts but about an exam that thousands of people go through every year, even if it takes multiple tests.
Of course, this also raises the question; if public officials are willing to sacrifice their integrity for something as basic as a driving test, how far will they go when their decisions can result in millions of euros in profits?
By allegedly helping a few candidates to cheat, the public officials involved were not only discriminating against law-abiding citizens by violating the principle of meritocracy but also endangering public safety.
Because if the allegations are proven, it also means that people who could have failed their driving tests if they had not been ‘helped’ are currently creating a danger for others who have to share the roads with them.
Furthermore, regardless of any direct ministerial involvement, there is an element of political responsibility for this unfortunate state of affairs. The idea of ’helping’ and ‘being close to people’ is so widespread that it is being abused even to help people get a driving license without studying for it.
But there is also another change in the case that deserves a lot of reflection.
Under police questioning, one of the accused told the police that he was pressured by a minister, who was not named in court, to help certain individuals pass their driving test. The individuals were allegedly working on the minister’s villa.
It is therefore crucial that these claims are fully investigated. Because while one cannot rule out a defense strategy aimed at causing maximum collateral damage, any reason to substantiate claims of ministerial involvement in such blatant corruption should lead to immediate resignations.
But herein lies the crux of the matter. One cannot expect ministers to resign simply because someone who is being investigated casually drops their name. This would be unfair and create a dangerous precedent that exposes every minister to the revenge of anyone brought to court.
But at the same time, Italy’s ‘tangentopoli’ scandal from the 1990s showed that these cataclysmic events often start with minor officials leaking information that involves bigger fish. The end result would be a snowball effect that would lead to uncovering systemic corruption, nepotism and clientelism.
Technically it is up to the police to establish whether there are sufficient grounds to warrant prosecution or not and we should trust their judgement.
It is only when the police or the investigating magistrate finds sufficient grounds for prosecution that one expects public officials to present their resignation immediately. In short, any minister under reasonable suspicion of abuse cannot remain in office. But someone has to establish whether these reasons exist.
However, the lack of trust in the police and their willingness to go ahead in such cases involving members of the political caste, is leading to a catch-22 situation.
This lack of trust has its roots in the historical reality of post-independence Malta, in which no politician has ever been prosecuted and convicted for corruption.
To change this state of affairs, the police must earn the public’s trust, which continued to be eroded by the lack of action after the Panama Papers.
The case of Transport Malta represents a golden opportunity for the police to prove otherwise; not by jumping the gun but by following all the lines and also explain to the public when these kind of lines go nowhere.
One way to address this problem of lack of trust is to strengthen anti-corruption structures through the appointment of a special investigating magistrate equipped with a dedicated office and staff, charged with investigation and prosecution. of corruption cases.
In addition, Malta can also criminalize ‘abuse of public office.’ After the Italian and French models. Such a law criminalizes the abuse of public office both in cases where the official seeks to obtain an “unfair advantage” for themselves or for others but also when they “abuse the trust” placed upon them negligently in any way, involving a loss of confidence. the public. This gives investigators more tools in investigating such cases beyond what is provided by laws against trading in influence.
This is why the government should not avoid proposals made by the Opposition at the beginning of the year and instead seek an agreement that results in strong mechanisms that enjoy a broad political consensus.
In addition, we also need to limit the number of ‘persons of trust’ in the various ministries most of which are dedicated to addressing the needs of the constituents. Trustees should be kept to a minimum and such officials should be accountable to the rules of the public service.