Two businessmen have been acquitted of attempting to influence an €18.5 million contract forming part of the Pender Gardens project at St Julian’s.

Pierre Mercieca, 60, and Josef Dimech, 40, were arraigned following a report by a rival bidder, who had told police how he had been approached by another bidder and a “well-dressed stranger” with information about the offers by the various bidders.

The case happened six years ago.

George Borg, of GP Borg Construction, had told police about an ‘urgent’ meeting called by Josef Dimech informing him that that the two subcontractors forming part of his [Borg’s] consortium were not favoured by Pender Gardens.

The meeting was about a tender his aluminum company had submitted for the T1 and T2 towers and Block 17 at Pender Gardens covering construction, apertures and water and electricity.

Pender Gardens had received three bids from GP Borg, JAM consortium composed of Attard Brothers, JS Dimech and Mekkanika Limited and another bid from another consortium formed by Elbros Limited.

Dimech had urged Borg to pay off his subcontractors and take him and Mekkanika on board, the court was told.

Then Dimech would “guarantee” success in the bidding process.

Later that same day, Borg was approached by a “well-dressed” stranger who introduced himself as a “director at Pender” and who divulged confidential information about the offers put forward by all bidders, further encouraging Borg to up his offer by €400,000 and replace his subcontractors, taking on board Dimech’s company.

When the tender was reaching its final stages, Pender gardens had given clear indications that the consortium of which Dimech formed part offered the best product but was on the expensive side.

The Evaluation Board was not so happy with Borg’s consortium, expressing doubts about the subcontractors and also because responsibility was to be borne by Borg alone rather than shared jointly with the other consortium members.

Borg went to the police and his report sparked off investigations followed by criminal action against the two businessmen who were accused of trading in influence.

In a lengthy judgment, Magistrate Nadine Lia observed that although there had been “voluminous” exchanges between the two co-accused on the day of the dual meetings, their communication had fizzled out in the days that followed.

Although the high frequency of communication around the day of the meetings might arouse suspicion, yet the prosecution had not presented evidence to show that the two men had been plotting to convince Borg to vary his original bid.

Moreover, the crime of trading in influence centred upon a tripartite relationship which in this case had not been proven. There was nothing to prove who was to be influenced or who was to pave the path for this aim to be achieved.

Although Borg might have had cause to worry and panic when faced with details that were meant to be “strictly confidential,” yet the necessary elements of the crime were missing.

High-ranking officials at Pender had testified in court, saying that they did not know Mercieca who was certainly not engaged by the company as director or otherwise, thus having no direct or indirect relationship with the board.

Nor was there proof that he had been trying to help Dimech, said the court.

This meant that even the necessary “common design” between the co-accused had not been proved, said the Court, adding that the two did not appear to have meant to effectively influence those who were to determine the final outcome of the tendering process.

Both accused were thus declared not guilty.

Lawyers Joseph Giglio and Emmanuel Mallia were defence counsel.