The Opposition wants criminal charges recently filed against people targeted by the Vitals inquiry to be included - as evidence - in its civil case over the state’s inaction to recover funds defrauded in the annulled hospitals’ deal.
PN leader Bernard Grech filed an application on Wednesday in proceedings wherein the Opposition is claiming the State Advocate - as “the last man standing in our constitutional system” - is empowered and duty-bound to take action against present and past government officials involved in the deal.
During the previous sitting, the government - as an intervenor in the suit - was granted six days to indicate any witnesses it intended to summon after requesting more time to produce evidence.
But the Opposition is now seeking the court’s permission to produce even more evidence.
News that the Vitals inquiry has been concluded emerged last week during constitutional proceedings in which former Prime Minister Joseph Muscat is claiming his fundamental rights were breached through the handling of that inquiry by Magistrate Gabriella Vella.
The Registrar of the Criminal Courts testified that 78 boxes of evidence had been deposited at the court registry and handed over to the Attorney General.
Since then, prosecutors have filed criminal charges against a number of top politicians, including Muscat and others allegedly linked to the fraudulent deal.
The Opposition is now claiming that those charges - as well as an attachment and investigation order allegedly issued against a number of suspects linked to the deal - would be “useful” to the judge presiding over its case concerning the state’s inaction in recovering the defrauded funds.
Those criminal court documents were “intimately connected” to the merits of their case and not only were to be acknowledged by the judge but were also to be exhibited in evidence.
Since recent developments took place after the Opposition wrapped up its evidence, the court’s authorisation was necessary for that documentation to be allowed in evidence.
The Opposition therefore asked Mr Justice Toni Abela to grant it permission to summon the Registrar of the Criminal Courts to present the relative criminal charges,attachment and investigation order.
Lawyers Edward Debono and Nicholas Debono signed the application.