Following the publication of an article by Jacob Borg on the Times of Malta on the Crumbling Electrogas Case, this site is compelled to address a dangerous precedent now unfolding in Malta’s media landscape—one that poses serious questions not just about journalistic ethics, but about respect for the very rule of law.
Despite explicit instructions by Magistrate Montebello—whose legal authority presides over both the Electrogas and Vitals judicial compilations—the Times of Malta, led by journalist Jacob Borg, has chosen to defy the law and publish excerpts of the Electrogas Inquiry and acts of the ongoing cases. These are acts that are not in the public domain and are legally protected under Article 518 of Chapter 9 of the Laws of Malta.
Dr. Rachel Montebello
Magistrate Montebello was crystal clear: documents and testimony that have not been read in open court may not be published, quoted, or disclosed to third parties without express permission. This restriction is not a bureaucratic formality; it is a cornerstone of the accused’s right to a fair trial. Yet Jacob and the Times of Malta have obtained some material from the Acts of the case, and in doing so, have gravely jeopardized the integrity of the process and potentially infringed on fundamental human rights.
Jacob Borg
One must ask: why were these rules disregarded? And who enabled it?
We are aware that Ganado Advocates, a law firm intricately linked to another ongoing inquiry, are also legal advisors to the Board of Governors of the Times of Malta. This dual role raises important questions. Did Ganado Advocates vet, approve, or advise on the publication of material that violates court orders and Maltese law? If so, they too may have questions to answer—ethically and legally.
More urgently, we ask the Times of Malta directly:
Does the editorial board endorse illegal and selective leaking of inquiry materials for political purposes?
Will the Board of Governors take responsibility for a journalist who is operating outside the confines of the law and the court’s instructions?
Does the newspaper now consider itself above the judicial process, unbound by the same laws that apply to every citizen?
Let us be unequivocal: respect for the court is not optional. The accused in these cases have chosen not to comment publicly out of deference to the ongoing legal proceedings and the proper administration of justice. The same cannot be said for those who claim to report on justice, but instead use privileged access to spin political narratives.
There is no place for rogue journalism that tramples on the legal rights of others. It is time the Times of Malta and its Board of Governors answer for the actions of Jacob Borg.
3 Comments
Jacb Borg is involved in the bubliation of material that violates court orders and Maltese law. Involved is the person who leaked the material. As also is the publisher. The court involved is that of magistarte Rachel Montabello. What is the magistarte doing about this blatant and open abuse right from under her skirt. If the magistate takes no action it means that she is happy with what happened.
This illagal leak throuhgh selected madea is not the fisrt of its kind, even on rear occation when action was ordered by the cocerned magistrate no outcome is known to have resulted. if the administrati does not take action itlesf, such illegalities will only repeat themselves. If somebody steal and hand the stuff to me, if I take it I am regarded as gulty of the crime as much as him.
Jacob Borg and the madea he works for have a right not to disclose their leaked source, but they have no right legally to publish such illagality. The country administration is cowering out of all this to avioud letting such culprits play the victim’s part if action is taken against them. And because of such choses, these type of illagal leaks will only repeat themselves. Remember when jasin screamed arrest me, put me in jail, and all concerened pulled-up the hand brake there and than. Cowards are those affraid of the resultant fall out.