Updated 10.30am

Prime Minister Robert Abela and Opposition Leader Bernard Grech were both in court on Monday morning at the first hearing of the case filed by the Opposition in a bid to recoup the money "defrauded" by Steward Healthcare in the hospitals' deal. 

Grech and Nationalist MP Adrian Delia last year asked the court to order the State Advocate to take action against “present and past government officials involved in the [hospitals privatisation] deal”. 

On Thursday the government said that Cabinet will be asking the court to allow it to intervene in a case filed by the Opposition against the State Advocate over alleged inaction in recovering funds from the deal.

Lawyers for Grech and Delia, as applicants in the suit,  filed a reply to the government’s request to intervene. The applicants’ lawyers sought court authorisation to present Delia’s affidavit on Monday, given the urgent nature of the suit. 

However, State Advocate lawyer, James D’Agostino objected saying that in terms of law, that evidence could only be presented once the issue about the government’s intervention has been settled. Lawyer Chris Cilia, representing the government, did not object. 

However, Mr Justice Giovanni Grixti turned down the request for the presentation of the affidavit so that the case could first be mapped out according to legal procedure. 

Evidence would then be put forward once the government’s request to intervene has been determined. 

The court deferred the case to next Monday for oral submissions on the matter by all interested parties.

Justice Minister Jonathan Attard and Home Affairs Minister Byron Camilleri accompanied Abela for the brief hearing before the First Hall, Civil Court.

Judge's familial ties

During the hearing, Grech and Delia's lawyer Edward deBono said it would be opportune for the judge to declare his family relationship with the late consultant surgeon Charles Grixti. 

Grixti had been involved in the due diligence assessment of the hospitals' concession from a medical point of view. 

The due diligence report was mentioned in the judgment delivered by the Court of Appeal in October. 

Judge Grixti acknowledged the family tie and invited the parties to put forward any request in terms of the law as they deemed fit (a request for recusal).

But all parties declared that they had no objections or reservations for Judge Grixti to continue to hear the case.

Lawyers Edward DeBono and Nicholas DeBono are representing the applicants.

Lawyers James D'Agostino and Julian Farrugia are representing the State Advocate.

Lawyers Chris Cilia, Ian Borg and Maurizio Cordina are representing the government and the Cabinet.