The Attorney General has failed in a bid to obtain a freezing order against former Progress Press financial controller Claude Licari after withdrawing a similar claim against suspended director Michel Rizzo.
This was the outcome of a judgment delivered on Wednesday by the criminal court upon an application by the AG seeking to overturn a decision by the magistrates’ court in ongoing criminal proceedings against the two men as well as Progress Press Ltd.
The prosecution’s request for a freezing order had been upheld in respect of the company but not against the two men in their personal capacity.
That position was confirmed by the criminal court, presided over by Madam Justice Edwina Grima, who observed that the AG had not contested the prima facie decree delivered by Magistrate Natasha Galea Sciberras last month.
The AG had also informed the court that the prosecution was renouncing to its request for the freezing order in respect of Rizzo, while insisting on that order in respect of Licari.
The raison d’etre behind a freezing order is to prevent, in the public interest, the person charged from disposing of property allegedly derived from criminal activity.
In this case, the public interest was focused on the criminal activity allegedly committed by Progress Press, the court said.
Even on the basis of the prima facie decree of the magistrates’ court, there were “undoubtedly no monies or property” derived from such criminal activity or any other criminal activity, among Licari’s personal assets.
That was confirmed by police investigations and also testimonies given in court.
In light of this, upholding the AG’s request for a freezing order in respect of Licari would only serve to cause great, irremediable prejudice against him by allowing the state to interfere in property legitimately acquired by him.
The resulting effect would be disproportionate to the public interest in allowing the freezing order, said the court, as it rejected the AG’s request.
Lawyer Roberto Montalto assisted Licari. Lawyer Joseph Giglio assisted Rizzo.