Opinion: Don’t ask, don’t tell

Owen Bonnici,  Minister for National Heritage, just announced that the historical artefact in Minister Anton Refalo’s poolside garden has miraculously found its way back to the Superintendence of Cultural Heritage. He gave no explanation.  There was no apology from Refalo.  And there was certainly no criminal action against him.

It’s almost as if nothing had happened, as if it’s the most natural thing in the world for a cabinet minister to be caught in possession of a piece of national heritage in his private garden.

Bonnici’s short, dry answer to MP Ryan Callus’ parliamentary question is part of a huge effort to kill the story revealed by The Shift, bury the case, and let Refalo off the hook. But Bonnici’s reply raises more questions and concerns.

How did that Victorian-era stone marker find its way into Refalo’s possession? Why did it take over a year before the artefact was returned to the Superintendence of Cultural Heritage?

How was it returned?  Was it confiscated?  Did Refalo return it himself? Why has no action been taken against Refalo?

Appropriating items of cultural or historical value is a crime punishable by a fine of up to €250,000 or a maximum of six years’ imprisonment.

More importantly, why is Bonnici covering up for Refalo?  Why did Refalo refuse to answer questions about the stone marker?  Why did the police refuse to provide information about the case?  Why did the Office of the Prime Minister fail to reply to questions about the whole story?

The Shift sent Refalo questions about why the artefact was in his garden and how it got there.  Refalo ignored them and the multiple reminders that followed.  That was February 2022.

The Superintendence of Cultural Heritage then confirmed that “following an inspection at the property, the artefact has been identified, and the proprietor is collaborating in full”. But the agency refused to identify “the proprietor” or to state whether he had lodged a police report.  He failed to declare whether the historical artefact had been confiscated or how it found itself in Refalo’s garden.

In May 2022, Refalo was spotted at the Criminal Investigation Department. A ministry spokesperson confirmed that Refalo had been questioned but refused to confirm whether this was under caution. The ministry denied Refalo’s home had been searched.  They claimed that “he (Refalo) personally invited the Superintendence for Cultural Heritage to visit his house and see what was alleged to be a ‘stone marker’”.

This wasn’t an allegation.  It was a stone marker, a historic marker from the Victorian period.  “While he refuted the allegations made at the time, he also stated from the start that he would cooperate with the relevant authorities and that’s what he did this week when he gave the same explanation to the Malta Police Force”, the ministry spokesperson said.

How considerate – always so cooperative that Anton Refalo. Except he wasn’t. When cornered by journalists, Refalo flatly refused to answer any questions: “I made two statements – I have nothing to add,” he repeated over and over again, laughing.

Refalo’s stonewalling worked.  Thanks to the complete silence of the Superintendence of Cultural Heritage, the police and the OPM, Refalo managed to bury the story.  For two years, nothing further was heard about it. Everybody practically forgot about the minister’s appropriation of a piece of national history – until July 2024.

Former Principal Permanent Secretary and Heritage Malta Chairman Mario Cutajar told The Times of Malta: “To my knowledge, it (the stone marker) was returned.  I don’t know how it ended up in his place.  He is definitely, definitely, definitely, definitely not the kind of person to steal”.  So, should we take Cutajar’s word for it?

“I know Anton is a big collector and a connoisseur of the arts,” Cutajar continued, “but how it ended up in his hands, I don’t know and nor did I ask”. That’s Labour’s new policy on crime – don’t ask, don’t tell.

In August 2024,  the Superintendence of Cultural heritage  finally confirmed that the stone marker had been returned “in August of last year (2023) in good condition”.  So why did it take a whole year for the public to be told? That was because the stone marker had been returned to its rightful owners, the public, secretly.

Again, Refalo was faced with questions.  Again, he refused to reply: “I have already said what needed to be said, and I have nothing more to add”.  The police followed suit.  Their spokesperson simply said, “I cannot give any information”. End of story.

Now we’ve got it from the horse’s mouth.  Minister Owen Bonnici confirmed in parliament that Refalo’s VR marker has been returned. And we’re left none the wiser.

Without that fateful social media post, we’d never have known that Refalo had the stone in his backyard. And that begs the question – what other national treasures are still in Refalo’s possession, hidden in any one of his many private residences?

The whole saga is entirely absurd. Here we have a cabinet member caught in possession of a piece of national treasure who defiantly refused to answer questions. Over a year later, the artefact was secretly returned to the state without explanation and with no police action.

That secrecy is nothing short of collusion by the State and the authorities – the Superintendence of Cultural Heritage, the Police, the OPM – to cover up a potential crime by a cabinet minister.