Claudia Calleja
Judge links Karin Grech’s murder to doctors’ strike
Settlement offer of €200,000 turned down
The family of Karin Grech, who was killed by a letter bomb more than three decades ago, were awarded €420,000 in compensation after a court ruled that the “cowardly” crime was a consequence of her father’s work with the government during a politically turbulent time.
The court also ruled the government had discriminated against the Grechs by not granting them ex gratia compensation that was extended to other victims of lesser crimes.
“I’m very pleased with the judgment. It’s not about the amount of money,” the father of then 15-year-old Karin, Edwin Grech, said.
“The crime against my daughter and the attack on my family was finally declared by a court as having had a medico-political motive. It’s also been proven that I was discriminated against...
“The important thing is the principle and that this (judgment) leads to the case being solved, eventually. And I know it can be solved,” he said.
Refusing to give more details, he added: “It will take some more time to get there but we’ll get there... The murder was carried out by Maltese, by my brethren. I haven’t forgotten and my family will never forget that.”
Prof. Grech, his wife Pearl and their son Kevin had filed an application in the First Hall of the Civil Court, in its constitutional jurisdiction, against the Prime Minister.
The family explained how, in August 1977, Prof. Grech was working as an obstetrics and gynaecology consultant in the UK. At the time, there was a doctors’ strike in Malta as a result of disagreement between the government and the Malta Medical Association. The government asked Prof. Grech to return to Malta to head the Obstetrics and Gynaecology Department at St Luke’s Hospital. He agreed to return until the industrial dispute was over, in the best interest of patients.
Three months after Prof. Grech returned to Malta, on December 28, 1977, a large brown envelope addressed to him was delivered to his house. Inside was a pen-box shaped parcel in Christmas wrapping paper.
His daughter – who was in Malta from her UK school for the Christmas holidays – eagerly opened the parcel that exploded in her hands. She died in hospital and her brother, who was near her, had to be operated upon.
It is believed the bomb was sent to Prof. Grech because he was considered to be a strike breaker.
A similar letter bomb was sent to general practitioner Paul Chetcuti Caruana but this did not go off.
The murder remained unsolved and the magisterial inquiry is still open.
The Grechs pointed out that the tragedy was a consequence of the fact that Prof. Grech worked with the government. They had asked for compensation from the government but did not manage to reach an amicable settlement.
They pointed out that, over the years, the government granted voluntary compensations to victims of crime on several occasions.
The Grechs called on the court to rule that Karin’s murder was a consequence of the service Prof. Grech gave to the government and that the government had discriminated against them in not granting them compensation.
The Prime Minister noted he appreciated the sensitive nature of the case and could understand the frustration as the murder remained unsolved. He argued that, given that the case was not solved, it was impossible for the motive to be known and so it could not be established that it was a medico-political issue that led to the crime.
Rejecting the discrimination claim, the Prime Minister questioned why the Grechs had waited almost 30 years to claim compensation through an urgent constitutional case.
The presiding judge, Mr Justice Ray Pace heard that, once the court case started, the government had offered a settlement of €200,000 that was turned down.
The court also noted that, at the time of the murder, there was no law regulating compensation to people who became victims of crime when rendering a service to the government.
However, the government had given several hand-outs through schemes, similar to ad hoc payments.
A memorandum entitled Compensations By Government To Victims Of Crime From 1990, dated April 2009, showed that 127 such compensations were granted. Eight cases involved fatalities and included the case of Nardu Debono who was murdered in the police headquarters in the 1980s. Former Police Commissioner Lawrence Pullicino was convicted for complicity in his death.
Other cases granted compensation included the attempted murders of Richard Cachia Caruana, who at the time was Prime Minister Eddie Fenech Adami’s personal assistant, and the political frame-up of Peter Paul Busuttil.
Deciding on compensation, the court noted that Mr Debono’s heirs had been awarded €379,400. The court pointed out that, unlike Mr Debono’s heirs, the Grechs did not have closure as the perpetrator had not been brought to justice.
The court ruled that the attack on the Grechs and Karin’s murder was the result of Prof. Grech’s service to the government and that the family had been discrim-inated against. The judge awarded them €419,287 in compensation.
The government has 20 days within which to appeal the judgment. Prime Minister Lawrence Gonzi yesterday told journalists in Libya the government was still deciding whether to appeal.
Lawyers Emanuel Mallia and Alex Perici Calascione appeared for the Grechs.
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Dr Francis Saliba
Dec 2nd 2010, 11:40
May I suggest that the Grech family renounces all pecuniary award on condition that the government offers a substantial reward (say, the ex-gratia compensation it had already offered to the aggrieved family) to anyone providing concrete evidence that would bring the real culprit to justice!
That gesture would definitely eliminate the taint that the Grech family is turning the irreplaceable loss of a murdered daughter to pecuniary gain. In addition it would be making a real contribution to proving the unsubstantiated allegation that the crime “had a medico-political motive”. The thousands of maligned NP supporters, the locked out doctors and the unjustly mulcted innocent taxpayers would all be eternally grateful.
Any objections?
A. Calleja
Dec 1st 2010, 21:53
I will only believe that this murder was related to the strike breaking behaviour of Prof Grech, when the culprit is caught and proven to be 100% guilty and linked unequivocally to the striking doctors. In the meantime it is an unjust handout paid by honest tax payers, probably to cover up some other motive. Never mind the so called precedents. Two wrongs don't make a right.
Joseph N Attard
Dec 1st 2010, 19:40
I do not think that there is a single honest person in Malta who does not condemn the pitiful loss of an innocent child's life. I also think that all honest and upright Maltese would like to see the perpetrator/s brought to justice, as indeed we would like to see all other similar crimes solved. But it is difficult to understand how the grant of so much taxpayers' money can in any way salve the Grech's family grief. Will this sum now enable them to pursue more vigorously the culprit? And how can anyone value a life? The court's judgement leaves me baffled.
wally vella-zarb
Dec 1st 2010, 19:59
Were you similarly baffled when compensation was given in other "politically motivated" cases?
Joseph N Attard
Dec 1st 2010, 21:11
Mr. wally vella-zarb, I'm always baffled, and more, when I think that hard earned taxpayer's money has been ill-used.
Dr Francis Saliba
Dec 1st 2010, 18:45
"Dr Saliba should try and find out why, in 20 years of Nationalist administrations , whatever his case was, was not investigated at all, as he says." (JoeGrima) The case of political violence reported by me to the police with positive identification of the criminal responsible for the bomb on my doorstep could not be investigated years later during the PN administration because in the meantime the criminal had died. "The time when this abhorrent crime happened does not connect any of the erstwhile Ministers with what happened". (JoeGrima). I did not mention any MLP minister or any MLP member of parliament. I wonder why you bring this up? Is it a case of "Excusatio non petita .... "? "The link between the medical profession and politics is no longer a theory advanced by the left. " (joe Grima). The link will always by a theory as long as this pecuniary award does not provide evidence other than "post hoc, propter hoc".
Joe Grima
Dec 1st 2010, 19:29
"This is very rich, coming from an MLP minister of the government of the time, and for the following ten years, a government that had the best chance of “solving that crime " Dr Francis Saliba. It was Dr Saliba who connected MLP Ministers with the time period of this reprehensible crime. not I. End of my contributions on this issue.
Dr Francis Saliba
Dec 1st 2010, 20:06
'It was Dr Saliba who connected MLP Ministers with the time period of this reprehensible crime. not I." (JoeGrima) No Sir! I did not connect any MLP Ministers with this reprehensible crime. I connected the MLP with the FAILURE TO SOLVE IT at the time and for the crucial ten years that followed. The MLP concentrated instead on squeezing that murder for every possible drop of insidious propaganda against all the NP and against all the locked out doctors. This was possible only as long as the murder remained unsolved. The NP and the doctors are all innocent up to this very day because they have not been found guilty of anything, they have not even been charged of anything, and as far as the public knows there is no shred of evidence against them.
Dr Francis Saliba
Dec 1st 2010, 17:12
“ … (Gonzi’s) direct responsibility now is to push the police towards solving the crime and to bring the criminals responsible for the untimely death of 15 year old Karen to justice …” (JoeGrima)
This is very rich, coming from an MLP minister of the government of the time, and for the following ten years, a government that had the best chance of “solving that crime …”. The most opportune time to solve the case was when the traces of that crime were still fresh, not now after the lapse of thirty-three years. Instead, the MLP directed its energies on trying to frame all the NP and all the locked out doctors. That suited its propaganda purposes better than pinning the crime on one real culprit. Evidently, that attempt is still going strong now. On close analysis this award is a pecuniary settlement that does not contribute one iota to a solution to the crime.
I myself, and my family, suffered from the political violence of that era and I identified the culprits to the police of that time. I never got any award. I did not even have the satisfaction of seeing the crime being investigated at all.
Joe Grima
Dec 1st 2010, 18:12
The time when this abhorrent crime happened does not connect any of the erstwhile Ministers with what happened. The police failed to nail the criminals then and have failed to bring the killers to book ever since. Prof. Grech's determination not to let go until the murderers of his daughter are brought to justice, as he said yesterday, brings new hope to all of us who, at some time or other, have been subjected to unjust and sometimes inhuman treatment by the powerful and their cronies. I am one of them. Dr Saliba seems to be another.
The link between the medical profession and politics is no longer a theory advanced by the left. It is now the official position of the courts who declared the crime to be medico-politically motivated.
Dr Saliba should try and find out why, in 20 years of Nationalist administrations , whatever his case was, was not investigated at all, as he says.
ch parnis
Dec 1st 2010, 16:29
Dr Grech should at least give credit to the Nationalist government that it gave him a chance to put in a claim for compensation unlike HIS government that for 10 whole years never gave him the chance . Moreover no i dont agree that polit cs had anything to do with the case but a case between union members
A Zammit
Dec 1st 2010, 15:50
If I were professor Grech I would get that sum and offer it to the first person who spills the beans and brings around enough evidence to take the culprits and mandates of such a cowardly act to justice.
Imisshom jisthu qatlu tifla innocenti ghal interessi taghhhom u dawn jghidu li ghandhom devozzjoni biex ifejjqu in nies.
J. Mifsud
Dec 1st 2010, 19:01
ghax qed tiskanta. Il kummisarju ukoll kellu id-dmir u reponsabilita li jipprotegi lill kull persuna
f'Malta.
Joseph P. Borg
Dec 1st 2010, 14:46
Prof Grech,
I had always shown sympathy towards your family for the horrific death of your daughter as I could very well understand your feelings having myself sufferred a bomb explosion to my residence, after having received bomb threats in 1983, resulting in the death of a family member. I was never given any financial help from govt for the damage caused and I never requested nor would I have expected to be given any handouts from govt for loss of life. I consider that a loss of life cannot be equated to a financial amount.
You stated that you are pleased with the judgement as it is not a matter of money but a matter of principle. Then how is it that when you were offerred €200,000 you did not accept this amount but opted for more?
Joe Grima
Dec 1st 2010, 11:53
The least the PM says about this tragic case the better for him and his Party. This all happened before his time in politics and what he knows about the whole issue is simply heresay through PN unilteral valuations. As the nation's head honcho, his direct responsiblity now is to push the police towards solving the crime and to bring the criminals responsible for the untimely death of 15 year old Karen to justice. It's not the PM 's business when the family decided to sue the Nationalist Government for discrimination. There is no time bar on such cases. Just a reminder to the PM. My family was also dealt with in this discriminatory manner when our house, our radio station and our family car were arsoned by politically-motivated criminals. Austin Gatt first complained that his staff were not energetic enough in settling the issue of compensation then simply dispensed with us as not qualifiying without giving any reason. Under the PN, compensation is a selective process
Dr Francis Saliba
Dec 1st 2010, 11:08
It would be interesting to learn on what grounds the court concluded that this atrocious murder “had a medico-political motive” and what evidence exists raising the hopes this award raises hopes that “the case being solved, eventually” - according to Professor Grech. Amen to that.
As far as the general public is aware the only connection between the murder and the doctors’ lock out is that the former followed soon after the latter. That is a typical example of an illogical and untenable “post hoc, propter hoc” sophistic argument.
j.saliba
Dec 1st 2010, 10:13
Bad times of fear and hate. I can feel the shock of the news today after so many years. If I were the PM I would not appeal. As doctor Grech said: "It's not about the money". It's all about JUSTICE that still cries for truth to be established. My deep sympathies with a grieved father, mother and brother.
J. Mifsud
Dec 1st 2010, 13:19
do you beleive is for justice ??? not dough ??
We taxpayers should never been done responsabile to pay for a matter the country
did not create.
The matter was between union members on strike and one member refused to
follow the order