Muscat lawyer complains ‘political’ Vitals inquiry untouched by Courts’ caseload reassignment

One of the lawyers of Joseph Muscat has claimed a new division of labour inside Malta’s magistrates, has left untouched the inquiries held by magistrates whom the disgraced former prime minister has accused of being ‘political’.

Charlon Gouder, posting the claim on his Facebook page, suggested that a new pool of inquiring magistrates recently appointed will handle a backlog of inquiries dating from before 2018, as well as new ones starting after their appointment. But, he added, the inquiries starting from 2018 onwards have been retained by their present magistrates.

The suggestion ties in with Muscat’s attempt to order Magistrate Gabriella Vella’s recusal from leading a magisterial inquiry into the concession granted to Vitals Global Healthcare to run three state hospitals. Vella has already rejected Muscat’s request to recuse herself.

Post by Charlon Gouder on Facebook

“I’m informed that someone in Court has taken the decision to make a distinction between the way inquiries are assigned… while those dating before 2018 will be assigned to the new inquiring magistrates, the ones dating from 2018 onwards, including the hospitals’ inquiry, will stay with their present magistrates. I wonder why: someone must have some interest in this, some political direction.”

Muscat, now seeking a court order for the removal of Vella from the inquiry, has declared emphatically that the magistrate is leading a political inquiry. “I have no trust in the way the inquiry is being led,” Muscat recently said on Smash TV, adding that he prefers having the police carry out their own criminal investigation.

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Muscat filed his request for the magistrate’s recusal in May 2023 after a joint investigation from The Times of Malta and its partners revealed the role of a former Vitals Global Healthcare company in Switzerland, to receive payments from concessionaires Steward, and to pay out consultancy fees to Muscat after he resigned in the 2019 political crisis.

Muscat has denied knowing that VGH Europe, later Accutor, was receiving any payments from Steward – successors to the hospitals’ first concessionaire Vitals Global Healthcare. He insists he received fees from Accutor for other services rendered to it.

Muscat has accused Gabriella Vella of leading a political inquiry, hitting out at leaks from the inquiry, and pointing his finger at voices whom he says “publicly boast of knowing what was going to happen, people who showed up on my doorstep to follow proceedings, and now even the publication of information that seems to be originating from the Inquiry.”

Muscat also accused members of the immediate family of Magistrate Gabriella Vella, her brother Massimo Vella and Aldo Vella, both lawyers, of being active on social media in their support of Repubblika or accusations against Muscat. “What they have commented upon on social media makes a direct reference to the magisterial inquiry,” Muscat said.

A reaction to Gouder’s comment came from former Nationalist MP Jason Azzopardi, who leads cases on behalf of Repubblika.