Constitutional experts say that last Sunday’s tragic Paqpaqli was not covered by any type of immunity even though the Office of the President was involved.
Although the Constitution gives total immunity from any type of prosecution, both criminal and civil, to the person occupying the post of President of Malta, such exemption does not cover any of the President’s officials, members of staff or events not related to the constitutional functions.
“The immunity covers the President only in respect to acts done in the exercise of the functions of her office,” a top constitutional lawyer told this newspaper.
“Definitely, fundraising events are not in any way related to the constitutional functions of the President and, therefore, cannot be immune of prosecution,” the expert added.
Twenty-eight people, including children, were injured, five critically, when a supercar went out of control and ploughed into spectators. The issue of safety precautions has been raised as a magisterial inquiry continues.
No information has been forthcoming from the Office of the President apart from a press conference by President Marie-Louise Coleiro Preca on Sunday night when she expressed solidarity with the injured and their families. The Times of Malta was informed that the event was organised by the Malta Community Chest Fund and was covered by insurance. The insurance company is Mafre Middlesea, which, incidentally, also sponsored the charity car show.
Fundraising events are not in any way related to the constitutional functions
Contacted by this newspaper, a spokesman for the insurance company confirmed that the Malta Community Chest Fund was its client. Asked for details on what type of insurance cover was issued, the spokesman said the company could not comment in view of the ongoing inquiry.
The Office of the President is adamant in maintaining silence until the magisterial inquiry is over. Asked for a copy of the statute of the Malta Community Chest Fund and a list of board members, the President’s Office did not reply.
This newspaper is informed that the President called an urgent meeting of the Community Chest Fund on Monday.
The matter was also raised at Cabinet level yesterday with Social Dialogue Minister Helena Dalli being tasked to review legislation and rules governing safety at public events.
Ten of Sunday’s casualties were still being treated in hospital yesterday as Magistrate Consuelo Scerri Herrera heard more evidence in connection with the incident. A number of officials from the Office of the President, including the aide de camp, testified on Monday. Volunteers who help in the organisation of the event, including Paqpaqli producer Tonio Darmanin were also heard.
Paqpaqli għall-Istrina had been started by Mr Darmanin. However, following its success, the Paqpaqli event fell under the auspices of the Community Chest Fund, making it one of its annual fund-raising activities.
The MCCF set up a special committee, headed by the President’s aide-de-camp, to organise the event.