Last December, top police officer Ian Abdilla declined to answer questions about 17 Black, telling Times of Malta that he was accountable to the police commissioner, not the public. We asked three commentators what they think.
Josef Caruana, Labour Party MEP candidate
To answer the above question directly: every police officer is accountable to the police force while the force is accountable to the public.
To be very clear, one cannot expect to go outside the law courts or the police headquarters, thrusting microphones in the face of police officers and insisting they should divulge the details on delicate cases that are still being investigated. This is not the way society should handle the seriousness and sensitive work of the police.
Although it must be scrutinised as every other institution in a strong democracy, the police force should be left to work with absolute serenity.
Unfortunately, during the past five years, we have seen an Opposition party and an establishment that systemically tried to undermine the police force. Most of the time, it wasn’t a case of constructively criticising certain decisions, but it was a blatant character assassination on the force.
The scenes of senior politicians, together with a small group of people, hurling insults at the Police Commissioner in front of the depot are just one proof of this. May I remind that, on that occasion, horrendous threats were also posted to the commissioner.
The police force and its members have also been the subject of partisan political attacks, day after day, by the same well-connected minority whose influence on the media and certain circles of society is not exactly negligible.
The police force didn’t react publicly with the same aggressiveness. Instead, its leadership and its members have worked tirelessly to promote security and justice in our country. Recently we have seen that the criminality rate in our country (which has more tourists and more foreign workers) has decreased by seven per cent. A result which is very significant.
We have also seen the police getting good outcomes on notable cases such as those involving murders or drug trafficking. Their work was also praised by foreign institutions such as Europol officials who are working hand in hand with them on the Daphne Caruana Galizia case.
This is precisely what the Maltese public feel – that they have a police force which is accountable to them. That is why they trust it.
In fact, a recent Eurobarometer survey showed, that our police force is trusted by a great majority of our population, even taking into account all the attacks that it has suffered during the past years. This is the consequence of a police force that is accessible to the public and that delivers results.
Rather than cheap publicity stunts or political spin, this is the sort of accountability which a decent society like ours actually deserves.
Dione Borg, Nationalist Party MEP candidate
The declaration by the head of the Economic Crimes Unit Ian Abdilla is a controversial one, which should ignite a political debate. Abdilla declared that as a public official, he has no responsibility towards citizens, but he is only accountable to the Police Commissioner. Abdilla is responsible for the investigation related to 17 Black; a case which is of national interest and is linked to other cases of corruption, including the power station. One must also take into consideration the question posed to Abdilla by journalists; a question asking why there is constant delay in investigations and lack of progress.
It’s true that public officials are not always in a position to comment about investigations they might be working on so as not to prejudice the investigation itself. Journalists and politicians should not expect the police to give out all details, because this would mean exposing too much. On the other hand, society has lost its trust in the police. After years in which the Nationalist government managed to build trust in the police, Labour has managed to demolish it again.
Before 2013, investigations about corruption were carried out fairly and transparently. Today, the police is losing its relevance since there is no power to investigate cases involving influential people.
Its reputation has been dampened by the numerous commissioner resignations; one of which occurred after an FIAU report. This situation is now resulting in people who might have information related to corruption going directly to the magistrate instead of the police. In the past, the police were free to investigate without political intrusion, and proceeded with arrest warrants.
Investigative police form part of a disciplinary force, so responsibility to answer media questions is in the hands of the commissioner. It would be irresponsible for a police official to comment without the authorisation of the commissioner. That is why in democratic countries police organise press conferences.
This is not the case under this government. The statement that the police is being cautious to protect cases and investigations is no credible excuse since the public opinion is that the police is definitely not investigating as it should.
The head of Pilatus Bank was given permission to come to Malta. In total freedom he was allowed to go inside the bank in the middle of the night for no known reason. Later he was arrested and prosecuted in the US. It was this government that also removed an important FIAU official who was investigating a corruption case that involved politics.
The responsibility of these investigations related to corruption with political involvement falls upon the Police Commissioner, the minister responsible and the Prime Minister. They are politically responsible for the fact that Maltese have lost faith in these investigations.
Ray Azzopardi, Democratic Party
In a Times of Malta edition from last December, a story appeared under the heading ‘Top 17 Black investigator says he’s not accountable to public’.
Chased by an accredited journalist for answers on an issue very much of public interest, a high-ranking police officer is quoted as having answered: “Do not chase me. The only person I am accountable to is my boss, the Police Commissioner.”
Like everywhere in the world, the police force is the law enforcement arm. It falls under the responsibility of the Ministry for Home Affairs and National Security, its raison d’etre is set out in The Police Act, Ch. 164 and is funded by the Exchequer. Headed by a Commissioner, he is chosen by, and serves, at the pleasure of the Prime Minister. But the real paymasters of the Commissioner of Police are the taxpaying public.
Police accountability is about holding both the individual officers as well as the Corps itself responsible
The people have a right to be kept abreast of issues that affect them.
Information might not be expected from the lower police ranks since a chain of command does exist and should be in place. However, it is very much expected that information of public interest is not withheld, or pushed upstairs in a typically hierarchical arrangement ending up on the Prime Minister’s desk.
The Prime Minister is himself a public servant sworn to uphold the Constitution and to work towards the betterment of the State. The same people that pay taxes to keep the executive in place to enact the country’s laws and mete out fair justice to all.
The officer’s reply was incorrect and hurtful. He may have been blinded by the circumstances of the moment, but even as he uttered the words, he must have felt them hollow. What he could have said is that investigations are ongoing, and an official situation statement will be issued forthwith or words to that effect, since keeping a good relationship with the media can help the police to do a better job.
And who is to ‘police the Police’? Internal systems do exist and are in place and can be effective so long as they are not diluted by shortcuts or indifference. There is the Fourth Estate (the mainstream press and journalists) and the Fifth Estate (bloggers etc) – with their probing questions and social writing.
Police accountability is about holding both the individual officers as well as the Corps itself responsible. It is important for maintaining the public’s trust in the system. And comments that “the only person I am accountable to is my boss...” is not the ideal way to help keep that trust.
Bear in mind that it’s the public that foots all bills.
If you would like to put any questions to the parties in Parliament send an e-mail marked clearly Question Time to editor@timesofmalta.com.