A senior partner in a law firm whose licence to sell Maltese passports was suspended in the wake of the revelations by a French television station has been referred to the Chamber of Advocates for breaching the code of ethics.
The referral was made by Magistrate Caroline Farrugia Frendo in a decree following an application filed by civil society NGO Repubblika, which is requesting an inquiry into alleged trading in influence in connection with the sale of Maltese passports.
Lawyer Jean Philippe Chetcuti, from Chetcuti Cauchi law firm, was filmed by TV station M6 saying he could make use of his political connections to serve clients seeking to acquire Maltese citizenship, especially those whose application had been refused for failing the due diligence test.
In the footage, he says he is personally acquainted with Prime Minister Joseph Muscat, Parliamentary Secretary for Citizenship Julia Farrugia Portelli and Justice Minister Owen Bonnici. All three denied making undue pressure in this regard.
The magistrate noted it appeared that Dr Chetcuti was a director of Chetcuti Cauchi Advisors Limited and Chetcuti Cauchi Consulting Limited, in violation of the lawyers’ code of ethics.
The code lays down that “advocates shall not by themselves or with any other person set up, operate, actively participate in or control any business, which offers any of the following services: a) advocacy before any court, tribunal or inquiry; b) acting as executor; c) drafting any contract, including the memorandum and articles of association of companies; d) drafting any will; e) giving legal advice; f) drafting legal documents other than those [listed in the code itself]; g) any other activity reserved to advocates by law or usually performed by advocates”.
The court referred the matter to the attention of the president of the Chamber of Advocates, Louis De Gabriele.