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Daphne Caruana Galizia and the rule of law: A note to law students

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Daphne Caruana Galizia and the rule of law: A note to law students
2017-10-24

It isn’t my job to preach to you or to teach you right from wrong. But I will, on this occasion, explain why the skills we impart are so important.

was a Maltese journalist. I never met her, but wrote for her on a handful of occasions. On Monday 16 October 2017, she was outside her home. Her family explains that she was assassinated .

Daphne – she is that well known in Malta; no need for surnames to identify her – was killed because she exposed corruption. She argued that Malta had become . She showed how the , allegedly to process kickbacks from and dictatorships. She showed how a bank – Pilatus Bank – was established in Malta , and how action against the bank had been suppressed. She revealed that the ; in his case as a legal practitioner acting for a transnational prostitution racket.

More importantly, Daphne saw the signs that the rule of law was being undermined. She observed the , the and , and the . She died because of what she revealed – not simply because she revealed it, but also because the violation of the rule of law results in organised crime running riot, in organised crime being enabled to commit heinous crimes against .

This, dear students, is where you come into the story. As lawyers, you will be the first to note that the rule of law is being undermined. You will be the first to see the tell-tale signs that rights are being eroded, and that systems for the protection and enforcement of rights are being reprogrammed.

Do not be complacent. This can happen anywhere. I too thought that I was growing up in a relatively normal country governed by the rule of law in Malta. Change can be rapid, especially in for institutional effectiveness.

If you see the signs, you will have but one choice. You may choose, like Daphne, to stand between the rule of law and those who choose to violate it. Or you may choose to stand with those who violate the rule of law. There is no other choice. You may not sit on the fence, because there is no fence on which to sit. Those who violate the rule of law rely on a code of silence – omertà – silence is their weapon.

It’s a grave choice, and one for each of you to make for yourselves. But remember the words of an Italian judge who was murdered by the Mafia: .

Published by School of Law, 51cg
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