Case reports

Case reports by the Standards Commissioner

The Commissioner for Standards in Public Life can investigate cases on his own initiative or in response to complaints. Each investigation normally results in the preparation of a case report that sets out the Commissioner’s findings and conclusions.

Case reports are normally written in Maltese. Occasionally a case report may be issued in English or even in both languages simultaneously. In the latter case the Maltese version should prevail in the event of any discrepancies between the two versions of the same report.

As a general rule the Commissioner’s case reports are published.

The Commissioner has the authority to publish reports on cases that he closes himself. The Commissioner can close a case himself if no misconduct has occurred, or if the person responsible for the misconduct takes action to resolve it in accordance with the Commissioner’s directions.

Alternatively, the Commissioner can forward his case report for further consideration by Parliament’s Standards Committee. It is up to the Committee to authorise the publication of case reports that are referred to it in this manner.

All case reports published so far can be accessed from the list below.

Report on case K/052 | Date issued: 4 March 2024 | Language: Maltese
Subject of complaint: Prime Minister Robert Abela
Allegation: Use of public resources to produce a video for personal publicity purposes.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. The Committee authorised the publication of the Commissioner’s case report on 18 March 2024.

Report on case K/043 | Date issued: 13 March 2024 | Language: Maltese
Subject of complaints: Prime Minister Robert Abela
Allegation: Grant of unduly generous terminal benefits to former Prime Minister Joseph Muscat.
Outcome: Complaints not upheld by the Commissioner.

Report on case K/052 | Date issued: 4 March 2024 | Language: Maltese
Subject of complaint: Prime Minister Robert Abela
Allegation: Making comments that could have prejudiced a criminal court case.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/050 | Date issued: 21 November 2023 | Language: Maltese
Subject of complaint: Parliamentary Secretary Chris Bonett
Allegation: Obtaining favourable treatment in the allocation of seats on an aircraft for a private holiday.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/049 | Date issued: 15 September 2023 | Language: Maltese
Subject of complaint: Parliamentary Secretary Alicia Bugeja Said
Allegation: Conflict of interest and conflict of roles in connection with an official activity.
Outcome: The Commissioner partially upheld the complaint and closed the case on the basis of an apology from Parliamentary Secretary Bugeja Said.

Report on case K/035 | Date issued: 7 August 2023 | Language: Maltese
Subject of complaint: Former MP Jason Azzopardi
Allegation: Failure to submit income tax returns.
Outcome: The Commissioner upheld the complaint and closed the case on the basis of an apology.

Report on case K/027 | Date issued: 31 July 2023 | Language: Maltese
Subject of complaint: Michael Farrugia MP
Allegation: Making misleading statements to the media.
Outcome: The Commissioner partially upheld the complaint and referred the case to the Standards Committee for its consideration. The Committee authorised the publication of the Commissioner’s case report on 3 August 2023 and endorsed it on 3 October 2023. The Committee is still to decide what sanction to apply.

Report on case K/045 | Date issued: 14 April 2023 | Language: Maltese
Subject of complaint: Minister Clyde Caruana
Allegation: Publication of a publicly-funded advertisement for personal publicity purposes.
Outcome: The Commissioner upheld the complaint and closed the case on the basis of an apology from Minister Caruana, who also refunded the cost of the advertisement.

Report on case K/040 | Date issued: 30 September 2022 | Language: Maltese
Subject of complaint: Former MP David Thake
Allegation: Failure to pay VAT and failure to declare a company in Mr Thake’s declaration of assets as MP
Outcome: Complaint upheld by the Commissioner, who closed the case in the light of Mr Thake’s resignation from Parliament on 14 January 2022.

Report on case K/033 | Date issued: 30 September 2022 | Language: Maltese
Subject of complaint: Prime Minister Robert Abela
Allegation: Inappropriate communications with the Commissioner for Revenue concerning the tax affairs of the Leader of the Opposition.
Outcome: Investigation inconclusive.

Report on case K/041 | Date issued: 1 June 2022 | Language: Maltese
Subject of complaint: Various ministers and a parliamentary secretary
Allegation: Publication at public expense of political advertisements in a supplement issued by the newspaper KullĦadd.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. On 27 June 2022 the Committee authorised the publication of the Commissioner’s case report. A year later, on 28 June 2023, the Committee decided that it should not adopt the report.

Report on case K/037 | Date issued: 20 January 2022 | Language: Maltese
Subject of complaint: Minister Ian Borg
Allegation: Publication of a newspaper advertisement to convey personal greetings at public expense.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/036 | Date issued: 10 December 2021 | Language: Maltese and English
Subject of complaints: Minister Justyne Caruana
Allegation: Award of a consultancy contract to an unqualified person on the basis of personal friendship.
Outcome: The Commissioner upheld the complaints and referred the case to the Standards Committee for its consideration. On 14 December 2021 the Committee authorised the publication of the Commissioner’s case report and two volumes of supporting evidence, with the redaction of a sentence in the Minister’s final submission as reproduced in the second volume of evidence. The Committee suspended its consideration of the case on account of a court case instituted by Dr Caruana.
Case report in Maltese | Case report in English | Evidence vol. I | Evidence vol. 2 (as redacted by Committee)

Report on case K/025 | Date issued: 4 November 2021 | Language: Maltese
Subject of complaints: Karol Aquilina MP
Allegation: Conduct reflecting badly on Parliament due to dangerous driving and failure to obey police instructions.
Outcome: Complaints not upheld by the Commissioner.

Report on case K/031 | Date issued: 12 October 2021 | Language: Maltese
Subject of complaint: Former MP Joseph Muscat
Allegation: Acceptance of a holiday paid by an entrepreneur with links to the Maltese authorities.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/026 | Date issued: 21 July 2021 | Language: Maltese
Subject of complaint: Minister Clint Camilleri
Allegation: Recourse to a direct order to lease a private hotel for use as a home for the elderly, notwithstanding the availability of a government-owned property that was more suitable for the purpose.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/032 | Date issued: 2 July 2021 | Language: Maltese and English
Subject of complaint: Former Parliamentary Secretary Rosianne Cutajar MP
Allegation: Failure to declare income in her declaration of assets as Parliamentary Secretary.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. On 5 July 2021 the Committee authorised the publication of the Commissioner’s case report and two volumes of supporting evidence. On 9 November 2021 the Committee endorsed the Commissioner’s case report and on 16 November 2021 it decided to admonish the Hon. Cutajar.
Case report in Maltese | Case report in English | Evidence vol. I | Evidence vol. 2

Report on case K/023 | Date issued: 5 May 2021 | Language: English
Subject of complaint: Minister Carmelo Abela
Allegation: Appointment as High Commissioner of a person in business with a Maltese fugitive.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/028 | Date issued: 17 March 2021 | Language: English
Subject of complaint: Minister Carmelo Abela
Allegation: Use of public funds for political advertising in print media.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. The Committee authorised the publication of the Commissioner’s case report on 14 April 2021. On 28 April 2021 the Committee considered the case but was unable to come to a decision since a vote by members resulted in a tie and the Speaker, who holds a casting vote as chairperson of the Committee, abstained.

Report on case K/029 | Date issued: 18 February 2021 | Language: Maltese
Subject of complaint: Prime Minister Robert Abela
Allegation: Failure to wear facemask while answering journalists’ questions.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/030 | Date issued: 25 January 2021 | Language: English
Subject of complaint: Minister Silvio Schembri
Allegation: Partisan content in a press statement issued through the Department of Information.
Outcome: Complaint upheld by the Commissioner, who closed the case after Minister Schembri undertook to make every effort to avoid issuing partisan press releases through the Department of Information.

Report on case K/034 | Date issued: 22 January 2021 | Language: Maltese
Subject of complaint: Minister Edward Zammit Lewis
Allegation: Clientelism in the engagement of a legal advisor.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/021 | Date issued: 2 November 2020 | Language: English
Subject of complaint: Opposition MPs who work in the public sector
Allegation: Absenteeism from work.
Outcome: The report does not address individual cases but finds that the practice of permitting MPs who work in the public sector to attend parliamentary activities during office hours is being abused. The report recommends measures to curtail the abuse and calls for MPs to be given the option of serving on a full-time basis.

Report on case K/022 | Date issued: 5 October 2020 | Language: Maltese and English
Subject of complaint: former Prime Minister Joseph Muscat
Allegation: Abuse of power in the engagement of former minister Konrad Mizzi as a consultant with the Malta Tourism Authority.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. The Committee authorised the publication of the Commissioner’s case report on 14 October 2020 and endorsed the report on 5 January 2021.
Case report in Maltese | Case report in English

Report on case K/024 | Date issued: 1 September 2020 | Language: English
Subject of complaint: Dr Joseph Borg, a former person of trust in the Ministry for Home Affairs
Allegation: Posting of political and offensive comments on Facebook.
Outcome: The Commissioner upheld the complaint and closed the case on the basis of an apology from Dr Borg.

Report on case K/020 | Date issued: 17 July 2020 | Language: English
Subject of complaints: former Prime Minister Joseph Muscat
Allegation: Acceptance of hospitality including first-class airline tickets to Dubai for the Prime Minister and his family.
Outcome: Complaints not upheld by the Commissioner.

Report on case K/019 | Date issued: 1 July 2020 | Language: Maltese and English
Subject of complaint: former Prime Minister Joseph Muscat
Allegation: Acceptance of gift of three bottles of wine worth €5,800.
Outcome: The Commissioner upheld the complaint and referred the case to the Standards Committee for its consideration. The Committee authorised the publication of the Commissioner’s case report on 3 July 2020 and endorsed the report on 22 July 2020. On 17 August the Committee agreed to treat a letter from Dr Joseph Muscat dated 14 August 2020 as an apology for the purposes of article 28(d)(ii) of the Standards in Public Life Act, and it closed the case on this basis.
Case report in Maltese | Case report in English

Report on case K/015 | Date issued: 22June 2020 | Language: Maltese
Subject of complaint: Minister Ian Borg
Allegation: Defiance of an order to halt illegal works in Wied Qirda.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/018 | Date issued: 8 June 2020 | Language: Maltese
Subject of complaint: Josef Caruana, PQ Officer, Office of the Prime Minister
Allegation: Publication on Facebook of the identity card numbers of persons who signed a petition calling for the resignation of Prime Minister Joseph Muscat.
Outcome: The Commissioner upheld the complaint and closed the case on the basis that Mr Caruana had immediately removed the data in question. This, together with a finding of improper conduct by the Information and Data Protection Commissioner, who had also investigated the case, constituted a sufficient remedy.

Report on case K/010 | Date issued: 7 May 2020 | Language: English
Subject of complaint: Ministers and parliamentary secretaries
Allegation: Use of public funds in the production of content for the personal social media pages of ministers and parliamentary secretaries.
Outcome: The report does not address individual cases but finds that it is widespread practice for ministers to use public resources in the generation of content for their personal social media pages. The report sets out guidelines that are intended to avoid misuse of public resources and states that the government has already agreed that ministers should observe the guidelines.

Report on case K/013 | Date issued: 24 March 2020 | Language: Maltese
Subject of complaint: Parliamentary Secretary Julia Farrugia Portelli
Allegation: Conferment of an improper advantage on a private firm through promotional videos shot in the Office of the Prime Minister and featuring the Parliamentary Secretary.
Outcome: The Commissioner upheld the complaint and closed the case after the videos were removed from the internet.

Report on case K/012 | Date issued: 5 February 2020 | Language: Maltese
Subjects of complaint: Ministers Chris Cardona and Konrad Mizzi
Allegation: Preferential treatment of an entrepreneur in return for political support.
Outcome: Investigation inconclusive in the case of Chris Cardona MP. Complaint not upheld by the Commissioner in the case of Konrad Mizzi MP. (Dr Cardona and Dr Mizzi had ceased to hold office as ministers by the time the investigation was concluded.)

Report on case K/016 | Date issued: 24 January 2020 | Language: English
Subject of complaint: Prime Minister Joseph Muscat
Allegation: Discrimination in the issue of invitations to media houses for press events.
Outcome: Complaint upheld by the Commissioner, who considered the case closed as a result of Prime Minister Muscat’s resignation on 13 January 2020.

Report on case K/008 | Date issued: 2 December 2019 | Language: Maltese and English
Subject of complaint: Minister Konrad Mizzi
Allegation: Misuse of public resources through the use of public funds to maintain and generate content for the Minister’s personal Facebook page.
Outcome: Complaint upheld by the Commissioner, who considered the case closed as a result of the Minister’s resignation for unrelated reasons on 26 November 2019.
Case report in Maltese | Case report in English

Report on case K/014 | Date issued: 21 November 2019 | Language: English
Subject of complaint: Prime Minister Joseph Muscat
Allegation: Misuse of public funds to finance legal costs for the defence of personal interests.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/011 | Date issued: 4 October 2019 | Language: Maltese
Subject of complaint: Prime Minister Joseph Muscat
Allegation: Publication of a misleading press statement concerning the salaries of ministers and parliamentary secretaries.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/007 | Date issued: 16 September 2019 | Language: English
Subject of complaint: Minister Owen Bonnici
Allegation: Publication of a press statement of a political nature through the Department of Information.
Outcome: Complaint not upheld, but the Commissioner reiterated the call he made in a previous report (K/004) for ministers to avoid issuing statements of a partisan nature through the DOI.

Report on case K/005 | Date issued: 6 September 2019 | Language: Maltese
Subject of complaint: Minister Owen Bonnici
Allegation: Delay in consideration of an application for leave of absence from Mount Carmel Hospital as a result of deliberate discrimination.
Outcome: Complaint not upheld by the Commissioner. This report is being published with redactions to avoid identifying the complainant.

Report on case K/004 | Date issued: 9 August 2019 | Language: English
Subject of complaint: Minister Konrad Mizzi
Allegation: Publication through the Department of Information of a press statement that was inappropriate in tone and content.
Outcome: The Commissioner upheld the complaint and closed the case after Minister Mizzi agreed to direct his officials not to make use of the Department of Information for private or partisan matters in future.

Report on case K/002 | Date issued: 5 July 2019 | Language: Maltese and English
Subject of complaint: Backbench members of Parliament who hold positions within or provide contractual services to the public sector
Allegation: Conflict of interest.
Outcome: The report finds that two thirds of all backbench MPs hold appointments in or contracts with the public sector. The report does not address individual cases but concludes that the engagement of backbenchers by the government is fundamentally wrong and calls for an end to this practice.
Case report in Maltese | Case report in English

Report on case K/003 | Date issued: 12 April 2019 | Language: English
Subject of complaint: Alessandro Mangion, Private Secretary, Ministry for Foreign Affairs and Trade Promotion
Allegation: Use of offensive language against a member of an international NGO.
Outcome: The Commissioner upheld the complaint and closed the case after Mr Mangion made an apology on his directions.

Report on case K/006 | Date issued: 2 April 2019 | Language: Maltese
Subject of complaint: Prime Minister Joseph Muscat
Allegation: Unethical behaviour and misuse of state property for party political purposes.
Outcome: Complaint not upheld by the Commissioner.

Report on case K/001 | Date issued: 4 February 2019 | Language: English
Subject of complaint: Minister Konrad Mizzi
Allegation: Discriminatory treatment of the media in invitations to official press events.
Outcome: Complaint not upheld by the Commissioner, but the Minister accepted his recommendation to invite all media to major press events in future.

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