Former Pilatus Bank risk manager Antoniella Gauci is asking for authorisation to intervene in proceedings where the NGO Repubblika is seeking to annul the Attorney General’s decision not to prosecute top officials at the now-shuttered bank, including Gauci herself.
The group is claiming that the AG’s decision was “null, invalid and ineffective” since it ran counter to the directions of the magistrate who had conducted the inquiry into suspected financial crimes at the bank.
Repubblika president Robert Aquilina has presented the courts with authenticated copies of documents from that magisterial inquiry showing that although international and European arrest warrants had been issued, no criminal action was taken against five targeted officials, one of whom was the bank’s former risk manager.
During the last sitting AG Victoria Buttigieg testified behind closed doors, arguing that the Maltese state is strictly bound by confidentiality under separate proceedings currently ongoing before an international tribunal.
Those foreign proceedings were secret and breaching that confidentiality would trigger negative repercussions for Malta, it was argued.
Gauci’s lawyer, Roberto Montalto, had made a brief appearance, informing the judge that his client intended to formally request permission to intervene in the proceedings.
That request was filed on Thursday.
In her application, Gauci said that she had only got to know about Repubblika’s action against the AG through media reports.
What Repubblika was requesting was an annulment of the AG’s decision which had “completely exonerated” her, Gauci’s lawyer said.
That decision was “valid, merited confirmation and had been taken in line with the principles of natural justice,” he insisted.
Moreover, the AG’s decision was taken after “wide and in-depth consideration” which led to the “only valid conclusion” in Gauci’s regard, namely, that no further legal action was to be pursued against her.
In support of her argument, Gauci also filed documents including the arrest warrant which had been issued against her, a note of seizure concerning her possessions as well as evidence of her release from police custody.
In light of Repubblika’s claims, Gauci declared through her lawyer that she clearly had a juridical interest in the matter and for that reason she requested the court to grant her permission to intervene in the proceedings.
Lawyer Roberto Montalto signed the application.