The administrative secretary of the archdiocese of Malta sidestepped the issue as to who owns the properties within the footprint of St John's Co-Cathedral when he testified in court, whilst confirming that the request to terminate leases of various shops within it had stemmed from the foundation administering the property.
Michael Pace Ross, who is responsible for the curia's property and finances testified before the Administrative Review Tribunal where the shop operators are contesting a notice for their eviction. They insist that the issue of who actually owns St John's should be established first. The eviction notices were issued by the Lands Authority last year.
Last week a lawyer representing the Lands Authority testified that government had acted within its powers, brushing aside questions about ownership as “irrelevant.”
And that crucial issue still went unanswered when the parties returned to court this week.
In line with a deed drawn up in 2001 between the Church and the State, the St John Co-Cathedral Foundation was set up to administer the Valletta property.
Pace Ross explained that the deed stipulated that rents were to be collected by the foundation as delegate of one of the contracting parties, namely the government and it was the Foundation that made recommendations to government as current lessor.
Asked by the Lands Authority’s lawyer, Ramona Attard, about the eviction notices, Pace Ross confirmed that the CEO of the foundation had written to Robert Vella, as the authority’s CEO, requesting termination of the running leases.
That letter was dated July 23, 2021.
“Who owns the Co-Cathedral and other properties in the vicinity?” Magistrate Charmaine Galea, who is chairing the tribunal, asked.
“Administration lies with the Co-Cathedral’s Foundation,” replied Pace Ross.
“But what about ownership?” pressed on the magistrate.
“The foundation was set up between the Church and Government. In fact each nominates three directors. And there is no contestation between the two before the courts. The property is administered by the foundation,” he replied.
“Mr Pace Ross, please don’t go round in circles. My question is quite direct. If you don’t wish to answer, say so,” the magistrate insisted.
“The foundation also had the power to tell the government to terminate the leases,” the witness added.
That line of questioning was taken up again by one of the appellants’ lawyers, Edward Debono, who cited text from the preamble to the 2001 Church-State agreement.
That agreement clearly stated that administration was to be vested in the foundation “without prejudice to the existing issue regarding ownership of the Co-Cathedral, which both government and church insist belongs to them, and to the rights which both claim to have and to have long enjoyed.”
Faced with that text, Pace Ross replied, “That is what is written.”
Asked further questions by Debono, the witness stood firm by his position, stating that the foundation had the right to ask for eviction and that the issue had to be assessed within the spirit of the agreement, pointing out further that the 2001 deed was five pages long.
“The tribunal will read that,” remarked Magistrate Galea.
At the start of the hearing, the appellants’ lawyers presented a number of documents, including judicial letters sent out by the foundation’s lawyer, Phyllis Aquilina, to three of the businesses ordering them to remove air conditioning units.
Invoices, receipts and a scholarly article on the ownership issue were also presented before the tribunal.
Lawyers Edward Debono, Antoine Cremona and Chiara Frendo are assisting the appellants.
Lawyer Ramona Attard is assisting the Lands Authority.