Gonzi knew about the Skanska closure talks

Fresh evidence in the hospital concrete saga shows former prime minister Lawrence Gonzi was informed that project closure negotiations were under way with Skanska.

The evidence emerges from a series of e-mails handed over to judge Philip Sciberras on Monday evening after the inquiry was concluded and tabled in Parliament.

The former president of the Foundation for Medical Services, Paul Camilleri, forwarded the e-mails to the judge through his lawyer, George Hyzler.

An e-mail from January 7, 2009, shows that Mr Camilleri wrote to Dr Gonzi asking him for a meeting “to discuss the contract closure negotiations with Skanska”.

Mr Camilleri informed the prime minister that he had held negotiations around Christmas with Skanska. “I feel that a good compromise solution was reached.”

However, last night Dr Gonzi said the meeting never took place due to other commitments he had.

The e-mail exchange is in a long list of e-mails judge Sciberras then forwarded to the Health Minister, who had commissioned the inquiry. They were also handed to the police and Attorney General.

A week after his e-mail to the prime minister, Mr Camilleri wrote to Lars-Erik Alm [representing Skanska], informing him that the FMS board had approved the “terms of settlement agreement”.

From a previous exchange in December, it is clear that the terms of settlement included the contentious waiver clause, which Skanska had forwarded to Mr Camilleri on December 19.

Dr Gonzi reiterated that the waiver clause was never put to Cabinet for approval.

I feel that a good compromise was reached

He said Mr Camilleri’s own notes, based on legal advice, showed the clause did not prevent the government from suing for bad workmanship, fraud or false declarations. It was “strange” for the government to say it had lost some right to sue for damages, when it knew this was not the case.

Health Minister Konrad Mizzi pointed out however that in 2011, FMS and Skanska had an issue over the hospital reservoir’s concrete and FMS dropped it after Skanska cited the waiver.

According to the e-mails, on Boxing Day 2008 Mr Camilleri sent the terms of settlement received from Skanska, including the waiver clause, to Alan Caruana, head of secretariat of ex-finance minister Tonio Fenech.

They record various exchanges he had with Skanska and FMS’s legal representatives over the concluding agreement for Mater Dei.

The very last communication is an e-mail to former health minister John Dalli informing him the project closure agreement had been signed two months earlier.

PN health shadow minister Claudette Buttigieg yesterday called on government to take legal action against anyone responsible for the bad workmanship.

Quoting excerpts from the inquiry, she mentioned John Dalli and his brother Bastjan.

John Dalli was accused of introducing contractors by an architect who testified in the inquiry.

When asked whether any action should also be taken against former PN Cabinet members Louis Galea, Antoine Mifsud Bonnici and John Rizzo Naudi – who according to the inquiry were privy to reports on bad workmanship in 1996 – she insisted action should be taken against anyone involved in wrongdoing.

Last night John Dalli called the architect’s statements “a lie”, adding that whoever was responsible for the bad workmanship should be held fully accountable.