The Nationalist Party has appealed a court decision that had dismissed its call for the State Advocate to sue for the recovery of funds handed to Vitals and Steward Global Healthcare as part of the state hospitals concession.
It insisted on Thursday that the State Advocate was bound in terms of his constitutional office to safeguard the public interest, and all that was needed was 'courage'.
Mr Justice Toni Abela, presiding the First Hall, Civil Court last month ruled that democracy would be undermined if the State Advocate acted independently to recoup the €400 million handed to Vitals/Steward Healthcare.
The appeal was filed by PN and Opposition leader Bernard Grech and Adrian Delia, shadow minister for health.
They also appealed two previous decisions whereby Mr Justice Abela rejected their request for the Vitals magisterial inquiry report by Magistrate Gabriella Vella to be produced as evidence in these civil proceedings, and their request to produce in evidence the records of the compilation proceedings against former prime minister Joseph Muscat, his chief of staff Keith Schembri, former minister Konrad Mizzi and a number of other top public officials.
Grech and Delia pleaded in their appeal that although the government had filed a claim for the funds as part of international arbitration proceedings against Steward, that was not enough to safeguard public interests.
The evidence that was now emerging in the criminal proceedings against former top public figures placed a greater burden on the State Advocate whilst making the Opposition’s claims more enforceable and true.
The State Advocate had no excuse not to take action to safeguard the state. He could not argue that those involved in the collusion in defrauding the state could not be identified.
“All that is needed is courage to institute civil action” Grech and Delia said.
Referring to decisions taken by the first court dismissing their request for certain evidence, the appellants argued that “it is as though no one, not even the court, felt the need and wielded authority to protect the state.”
Although facts about the deal emerge “by the hour,” the first court did not want to know about such information, and that went against the interests of justice."
When handing down judgment, the first court lacked information showing why the State Advocate was compelled to take action.
And that was even more so when Cabinet and government evidently did not want to act against the topmost public officials, both past and present, who colluded with Vitals/Steward to the detriment of the State.
Lawyers Edward DeBono and Nicholas DeBono signed the appeal application.
PL: PN is trying to intimidate the government
In a reaction to the appeal, the Labour Party in a statement said the PN was persisting with a 'vindictive' court case.
It said that the PN was seeking to hold public sector officials personally responsible for €400 million allegedly handed to Vitals/Steward.
It said the PN was trying to hinder and intimidate the government and seeking to change the role of the State Advocate.
The PL said the government was rightly suing Steward and defending the public interest in international arbitration, assisted by the state advocate himself as well as international law firms.