Magistrate to conclude Erika inquiry

All the parties being probed in the Erika case have 20 days in which they may ask for further investigations to be carried out.

Lawyers engaged by government and the Malta Maritime Authority in France informed the Ministry for Competitiveness that they have received a notification from the inquiring magistrate Dominique de Talance saying she intends to conclude the inquiry.

The ministry yesterday issued a statement to clarify media reports that a Maltese official was among the 19 charged with the disaster of the Erika, the Maltese-registered tanker which sank off the French coast in December 1999 causing an ecological disaster.

At the termination of the 20-day period, the magistrate will transmit the whole file to the prosecutor for his legal opinion.

The inquiring judge generally waits for the prosecutor's advice before declaring the conclusion of the inquiry, but if the prosecutor fails to deliver his opinion within a period of three months the judge may issue an order for the conclusion of the inquiry.

The ministry noted though that the judge is not bound to follow the prosecutor's advice, and may freely decide to order:

¤ The commencement of a trial against the parties investigated; or

¤ The discontinuance of proceedings against the investigated parties, if such parties cannot or should not be put to trial.

Once the inquiry is closed, the judge will inform the prosecutor of her decision and transmit the file back to him, and he will put the matter before the competent courts.

It is only then that charges will be issued against the accused, who will be notified with the date of the tribunal sitting.

The ministry pointed out that last December, proceedings were filed before Chambre d'Istruction alleging nullity of the proceedings against the Malta Maritime Authority and its director Lino Vassallo.

These court proceedings were in parallel with the inquiry, and the French lawyers informed the ministry that it is "probable" that the chamber will intervene before MMA and Mr Vassallo are charged.

If the chamber upholds this plea, this would exclude the possibility of any charge against MMA and Mr Vassallo, the ministry explained.