Now that we have a court describing the hospitals’ privatisation deal as fraudulent, no more time should be wasted in going for the crooks.
There is ample room for both civil and criminal action to be taken against those who handsomely lined their pockets as the country and taxpayers were swindled in a €1 billion deal. That’s not to mention the ill-effects on the national health system, which the dirty arrangement was meant to modernise and boost.
The court has granted Steward Health Care 20 days in which to appeal last week’s judgment. Mr Justice Francesco Depasquale not only branded the deal, first struck with Vitals Global Healthcare, “fraudulent” but also concluded that Steward intended to “unjustly enrich itself at the expense of citizens” and engaged in “possibly criminal behaviour”.
One expects the state advocate to already be evaluating what options are open to institute legal proceedings – whether against Vitals, Steward, former and present government officials, senior public administration officials or businessmen – to recoup the stolen taxpayer funds.
It is not clear whether class action on behalf of the people is possible in this case. As a member of parliament, Adrian Delia was able to challenge the deal under the Lands Act since it involved the transfer of property.
The state advocate is empowered by law “to act in the public interest”. He need not await the direction of the government since the office enjoys constitutional independence and is not subject to the direction or control of any other person or authority in the performance of its functions.
However, criminal action against the perpetrators should proceed without any loss of time. This depends on both the attorney general and the police commissioner.
One expects the state advocate to already be evaluating what options are open to institute legal proceedings
The police have supposedly been investigating since 2019, when rule of law NGO Repubblika initiated a magisterial inquiry into the hospitals deal. Former cabinet minister Konrad Mizzi, Chris Cardona and Edward Scicluna – together with Technoline managing director Ivan Vassallo, are at the heart of the inquiry.
A year later, the national audit office released a voluminous report finding, among other things, that there had been collusion between the government and Vitals.
Journalists have repeatedly reported on the deal, with no explanation given for certain transactions while pledges made by the operators never came to fruition.
Still, the police opted to continue with a ‘passive’ investigation, much like they do when an accident happens and they wait for the outcome of the so-called in genere magisterial inquiry.
If what they had in their possession was not enough to make them upgrade the probe to an ‘active’ one, as happens when a murder occurs and they investigate in parallel with the inquiring magistrate, last week’s judgment should certainly prompt them to do so.
By its very nature, the civil court need not have proof beyond reasonable doubt as a balance of probabilities would suffice. The depositions given to the presiding judge, however, should tell the police where to look and what to look for, even if there have already been enough allegations made all these years to show them a clear way forward in their probe.
If they continue dragging their feet, for whatever reason, the attorney general must step in and order them to prosecute.
That is the only way to protect the national interest, as the government publicly said it wanted to do just hours after judgment was pronounced.
The hospitals’ deal has now morphed into quite possibly the sickest political scandal of our generation. And those responsible for it must face justice.