Updated 10am with Repubblika statement

A corruption probe into the Montenegro wind farm deal has stalled, with sources pointing to police “delays” in executing plans for a physical search of Enemalta’s offices.

The search was deemed necessary to shed further light on the deal, in the hope of seizing documentary evidence necessary to build up a case.

A law firm engaged by Enemalta to carry out an audit of the deal flagged how e-mail accounts of board members were not made available to it, since directors do not hold a corporate e-mail account.

Even worse, the corporate e-mails of employees who have since left the company were said to be “no longer available”.

Sources who spoke to Times of Malta expressed their frustration at how three months down the line, police have continued to “delay” the search.

When contacted, a spokesperson said the police can neither confirm nor deny plans for the search.

“In view of an ongoing magisterial inquiry on the subject matter, any police actions are taken in coordination with and under the guidance of the inquiring magistrate,” the spokesperson said.

Sources said the plans to carry out the search were drawn up and agreed upon by all parties to the investigation in early December 2022.

Hours after Times of Malta and Reuters revealed in June 2020 how murder suspect Yorgen Fenech had secretly made a €4.6 million profit from the deal, the police were quick to issue a statement saying they were already probing the deal “in collaboration with Europol”.

Times of Malta revealed how Enemalta bought the Montenegro wind farm for €10.3 million, triple the €2.9 million paid just two weeks earlier by an offshore company funded by Fenech.

Financial transactions showed how Fenech’s company 17 Black had financed the €2.9 million used by offshore company Cifidex to buy the Montenegro shares, with Cifidex then kicking the profit back to 17 Black after selling the same shares to Enemalta for triple the price.

Ex-minister Konrad Mizzi was energy minister at the time of the deal.

An internal probe by Enemalta found “omissions” and a “lack of professional scepticism” in the way Enemalta’s board went about the deal.

The “passive stance” taken by Enemalta during the negotiations was highlighted by the internal audit.

It highlighted how negotiations were instead led by Chinese national Chen Cheng, who acted on behalf of Enemalta shareholders Shanghai Electric, who were joint partners in the Montenegro venture.

Times of Malta and Reuters outed in 2021 how Chen’s mother-in-law was the owner of Macbridge, one of two companies that was going to fund secret Panama companies owned by Mizzi and ex-OPM chief-of-staff Keith Schembri.

A leaked e-mail highlighted how Macbridge and Fenech’s 17 Black were going to pump up to €2 million in a single year into Mizzi’s and Schembri companies.

No fight against corruption if Camilleri, Gafa, retain their posts - Repubblika

Reacting to Times of Malta's report on Tuesday, rule-of-law NGO Repubblika claimed there could be no fight against corruption if Byron Camilleri and Angelo Gafa' retained their posts as Home Affairs Minister and Police Commissioner respectively. 

In a statement, Repubblika said the revelations confirmed that the police were doing their utmost to ensure no one faced the consequences of the committed fraud. 

The NGO recalled the prime minister had expressed 'disgust' over revelations in 2020.

In June of that year, Robert Abela had called for a full investigation into revelations that Fenech secretly made a €4.6 million profit via 17 Black off Enemalta’s decision to buy a wind farm in Montenegro. 

“If what is reported is true, I am disgusted. Malta’s law enforcement officers must investigate,” Abela had said, adding that police had to investigate anyone connected, “whoever they are”. 

On Tuesday, Repubblika said that despite Abela's disgust, the Times of Malta report showed that the police were ignoring magisterial directives to carry out searches at Enemalta's offices.

The NGO claimed that "the obstruction of the law and police's complicity with criminals witnessed in the Panama papers, Pilatus Bank and Vitals deal cases" had resurfaced.