A judge has ordered an inquiry into potential fraud committed by notary Ivan Barbara and his wife after clients were left chasing their money when he died suddenly of COVID-19.

Mr Justice Giovanni Grixti threw out an appeal filed by the notary’s widow, Rosanne Barbara Zarb, against a decision by a magistrate a year ago ordering the inquiry.

He said the clients who requested the inquiry had presented enough evidence, at least at first glance level, that the crime of fraud and misappropriation may have been committed by the notary and his wife who they say helped him with his work.

The judge decided that the clients had satisfied the requisites for the launch of an in genere inquiry.

This latest decision adds to the woes of Barbara Zarb who is also expected to face criminal charges for perjury after she allegedly lied under oath before a magistrate during proceedings over the inquiry.

She is expected to be charged in January.

Money 'nowhere to be seen'

The request  for an inquiry had been made by Matthew Sacco, Simon Mallia and Valerie Mallia, who had handed Barbara cheques amounting to €30,650 in relation to promise-of-sale agreements they had signed.

Barbara contracted the virus in India last year while he was in the country to adopt a child. His wife renounced his inheritance following the receipt of legal advice.

The clients want the magisterial inquiry to establish whether their funds were misappropriated or fraudulently used. In their application filed in August last year, they said they had deposited thousands of euros with the notary and their money was nowhere to be seen.

Through their lawyer, David Bonello, the clients argued the €30,650 should have been deposited in client accounts and eventually passed on to the seller when the final contracts of sale were signed.

Bonello told the judge he was inundated with calls from other people who were also Barbara’s clients and who were prepared to testify in the inquiry.

He said the fact that the notary’s widow had renounced the inheritance because, it appeared, there were not enough funds to reimburse the clients, indicated some form of possible misappropriation of funds and fraud.

Barbara Zarb denied any links to her late husband’s notarial deeds, insisting that she always kept her profession as an accountant separate from her husband’s.

She is bring represented by lawyers Paul Lia, Patrick Valentino and Kris Busietta.