Minister Carmelo Abela must put forward evidence to rebut allegations made by PN MP Jason Azzopardi linking him to the 2010 HSBC failed heist, a court has declared.
In April, Azzopardi claimed that Abela allegedly aided the mastermind behind the attempted heist for a €300,000 payment from the loot.
The accusation came days after Abela denied any involvement in the heist that ended in a violent shoot-out, describing any links to him as "stories, fairytales and inventions".
During a brief court hearing on Wednesday, the minister’s lawyer, Pawlu Lia, sought to shift the burden of proof by arguing that since Azzopardi had made those allegations against Abela, it was up to him to prove.
Abela was present in court when the case resumed on Wednesday after last month’s first hearing, when Magistrate Montebello had been informed that there was no hope of settling the dispute through mediation.
“Saying that the applicant is an accomplice in a hold-up, that he was promised €300,000 for his role, is not an opinion but an alleged fact,” said Lia, as the hearing kicked off, adding that court procedure was not to be “abused”.
Azzopardi was to either admit that he was wrong or else prove his assertions, went on the lawyer.
It was not for the minister to prove that those allegations were false, was Lia’s final word.
But Azzopardi’s lawyer, Joseph Zammit Maempel, countered that it was for the court, rather than the applicant, to decide upon the way forward.
Azzopardi was not present in court.
In light of such submissions, the court turned down the applicant’s request, stating that it was the minister who had filed the libel suit and, therefore, he was to bring forward evidence to prove that the allegation was unfounded.
The court would then decide upon that evidence accordingly, concluded Magistrate Montebello.
The case continues next month.