Enemalta has dismissed as “obtuse” the arguments made by Times of Malta in a freedom of information complaint requesting that journalists be granted access to a report on the Montenegro wind farm scandal. The state-owned energy distributor claims a third-party review it commissioned into its handling of the wind farm purchase is “legally privileged”, rejecting a freedom of information request for a copy of the findings. Documents considered to be legally privileged are exempt from disclosure under the raft of exemptions found in Malta’s freedom of information laws. In a formal complaint compiled by lawyer Therese Comodini Cachia, Times of Malta argued that while the Enemalta review was drafted by a law firm, the nature of the report focused on the business rationale and internal processes behind the Montenegro project. Selected excerpts from the wind farm report were published in Enemalta’s last financial filings. Comodini Cachia, who runs the Daphne Caruana Galizia Foundation’s legal support programme for journalists, argued that the publication of these excerpts further highlights that the report is not legally privileged. Enemalta, however, dismissively rejected the...
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