Government will be admitted to PN case against State Advocate over hospitals deal

A court has upheld the government’s request to be admitted as a party to the case instituted by the Nationalist Party against the State Advocate over the concession of public hospitals to Vitals Global Healthcare, and subsequently Steward Healthcare.

In a ruling delivered this morning, Mr Justice Toni Abela said the fact that two cabinet members, namely Prime Minister Robert Abela and former health minister Chris Fearne, were mentioned in the case, meant that the cabinet had a direct judicial interest in its outcome.

The Nationalist Party had filed the lawsuit with the aim of recovering public money paid to Vitals Global Healthcare, which was later substituted by Steward Healthcare, as a result of a 2015 deal, which handed over the running of St Luke’s, Karin Grech and Gozo General hospitals to the company.

The deal was subsequently annulled by a court on the basis of fraud last year, the judgement later being confirmed on appeal. The Court of Appeal suggested there had been collusion, as well as fraud.

The case before Mr. Justice Abela was filed last year by Opposition leader Bernard Grech and Nationalist MP Delia, who asked the court to order the State Advocate to file proceedings against “present and past government officials involved in the deal”.

The judge’s decision examined doctrine and case law which dealt with the issue of whether or not to admit a party to a case.  One of the requisites is that the party requesting admission must have an interest in the case as a whole, not just in its outcome.

The Opposition was claiming that the government had exceeded its remit, which the judge said, meant that it should be admitted to the case in order for justice to be done to all parties involved.

The ruling was delivered in the presence of Bernard Grech, Adrian Delia, Robert Abela and Home Affairs Minister Byron Camilleri.

Lawyers Edward DeBono and Nicholas DeBono are representing Grech and Delia. Lawyers James D'Agostino and Julian Farrugia are representing the State Advocate. Lawyers Chris Cilia, Ian Borg and Maurizio Cordina are representing the government and the Cabinet.