The three top civil servants the Attorney General is prosecuting this week over the hospitals deal are insisting she was with them in talks over the concession, and therefore has a conflict of interest.
In a judicial protest filed in court on Monday afternoon through their lawyers, Alfred Camilleri, Joe Rapa and Ronald Mizzi said they want AG Victoria Buttigieg to reconsider her decision to charge them over the hospitals scandal.
"They are being charged over what they allegedly did when she was the state advocate assisting them on the same matter," their lawyers said in the judicial protest.
"They also believe she assumed a conflicting position. For these reasons, they are asking her to reconsider her decision to arraign them with criminal charges and are holding her responsible for damages."
In reply to Times of Malta's questions, Buttigieg denied ever attending any "meeting having responsibility to decide the way forward on such concession".
Formal meetings on concession
The three men, who served as finance and health permanent secretaries during the deal, are scheduled to be charged with secondary offences on Wednesday, along with former ministers Chris Fearne and Edward Scicluna, among others.
But they say they have correspondence showing that the AG herself - who was then state advocate - was invited to formal meetings about the future of the concession and that they remember her attending the meetings, during which she was tasked with offering them legal guidance and advice.
AG Victoria Buttigieg"She was also included in an email for her attention and consultation that contained a draft with the government's position on the concession," they said.
"At no point were any shortcomings highlighted on the part of [the permanent secretaries]. Ironically, the draft re-negotiated concession could not be signed because they refused to, for several reasons. They did not want to proceed on the newly negotiated concession!"
Times of Malta understands the three permanent secretaries were among other high-level state officials who, in 2020, were tasked with discussing the terms of a new concession agreement with Steward Healthcare and advice cabinet on the best way forward on the tumultuous deal.
Steward Healthcare had been locked in talks with the government about improving the terms of the deal ever since taking over the contract from Vitals Global Healthcare in 2018.
The government had agreed to renegotiate aspects of the controversial, 30-year, multi-million euro concession but talks were often stuck in stalemate for months and the group was tasked with recommending the best way forward to the government.
The task force also included then-permanent secretaries Joe Rapa, Alfred Camilleri and Ronald Mizzi, all of whom will now be criminally prosecuted by Buttigieg on Wednesday.
AG denies being in meetings
But Buttigieg denied ever being in the meetings and said there is no conflict of interest.
"I did not attend any government task force meeting having responsibility to decide the way forward on such concession," she told Times of Malta in a reply to questions.
"During 2020 until the 8th September of that year, I occupied the role of State Advocate and exercised my functions in such capacity. I assure you that there is no conflict of interest and in any case the Attorney General does not have a judicial function, thus, I kindly urge you to disregard speculative information that does not contribute to the judicial process or the pursuit of justice, a goal that I believe is shared by all."
Times of Malta also understands that during those talks the permanent secretaries had raised concerns on the concession and by the middle of that year they pulled out of the task force.
Buttigieg went on to be promoted to attorney general in September that year.
On Wednesday, following the publication of the magisterial inquiry, she will be taking all three permanent secretaries, among others, to court to face criminal charges of alleged fraud, misappropriation and having committed crimes they were duty-bound to prevent.
The judicial protest was signed by lawyers Stefano Filletti, Michael Sciriha, Marion Camilleri, Franco Debono and Maurice Meli.