The widow of notary Ivan Barbara is to be charged with perjury over a sworn declaration she gave during a case involving potential misappropriation of funds belonging to her late husband’s clients.

The police have filed the charges against Rosanne Barbara Zarb, 48, of Paola, after an investigation found that she allegedly lied in her response to a magistrate considering an application for an inquiry into the case.

Sources close to the police told Times of Malta that the charges have been filed in the court registry and the case is due to be appointed soon.

She performed acts as though she was an heir- Former clients of Ivan Barbara on his widow

Clients of the notary were left chasing their money when he died suddenly of COVID-19 in April last year while he was in India to adopt a child.

His widow reportedly renounced his inheritance, leaving her late husband’s clients in limbo.

Matthew Sacco, Simon Mallia and Valerie Mallia, who had handed Barbara cheques amounting to a total of €30,650 in relation to promise-of-sale agreements they had signed, asked for an inquiry into whether their funds were misappropriated or fraudulently used.

The sworn declaration was presented by Barbara Zarb during proceedings before Magistrate Caroline Farrugia Frendo who was considering the clients’ application for an inquiry.

The magistrate decreed in October last year that the clients had satisfied the requisites for the launch of what is known as an inquiry into the in genere, or material evidence, of the crime.

Barbara Zarb appealed this decision and the outcome is still pending.

'Imaginary connection'

In the sworn declaration, Barbara Zarb insisted that she had never met nor communicated with her husband’s clients and that they had made an “imaginary connection” that she and her husband carried out business together as a consequence of their marriage.

It is unclear which part of the declaration is allegedly false.

Evidence of this will be brought to court by the police during the hearings. The declaration was signed by lawyers Patrick Valentino and Kris Busietta.

The police have requested the court to impose a general interdiction on Barbara Zarb if she is found guilty of the crime. It means she would not be allowed to hold public office or work with the government and would also lose her right to vote.

Earlier this week, a judge rejected Barbara Zarb’s attempt to avoid a civil case filed by angry clients attempting to recover some €165,000. Madam Justice Audrey Demicoli threw out the preliminary pleas filed by Barbara Zarb and ordered that the case continue on its merits.

Widow 'responsible for debt'

In this case, which is separate from the one requesting an inquiry, the 23 clients argued in court that Barbara Zarb was responsible for her late husband’s dealings and was therefore responsible also for the debt, which included the deposits they had left with him over property contracts.

They told the court that Barbara Zarb had told them the repayments of their deposits left with her late husband would be delayed due to complications in the issuance of Barbara’s death certificate, caused by the fact that he had died in India.

However, even after the certificate was issued, Barbara Zarb continued to react to their requests for reimbursement by saying that the “process was still underway”.

Another notary, who previously worked in Barbara’s office, eventually informed them that Barbara Zarb had renounced her inheritance.

The applicants claimed to possess evidence that Barbara’s office continued to operate after his death and that Barbara Zarb had “performed acts as though she was an heir and therefore had tacitly accepted her husband’s inheritance”.

They asked the court to order her to repay the money owed to them with interest.

Represented by lawyer David Bonello, the notary’s clients had spoken about how they were driven to desperation at having thousands of euros in deposit fees tied up, possibly never to see it again.

Lawyers Pawlu Lia and Phyllis Aquilina are defence counsel to Barbara Zarb.