Notary Ivan Barbara’s distraught clients request inquiry into alleged fraud, misappropriation

Three clients of the late notary Ivan Barbara have filed a court application requesting a magisterial inquiry into the alleged fraud and misappropriation of over €30,000 by the notary and his wife.

Simon Mallia, Matthew Sacco and Valerie Mallia had entered into separate promises of sale with third parties last October and in March. They had paid their deposits by means of cheques which the notary had then cashed.

These monies were entrusted to notary Barbara so as to be held in his client's account and eventually be passed on to the sellers of the property they were purchasing on the final deed.

After a considerable amount of time following Barbara’s death, the plaintiffs say they had requested his office to refund the deposited amounts. At first, his widow Rosanne Barbara Zarb had informed them that the death certificate had not yet been issued due to bureaucratic issues, and so the refund could not be processed immediately.

After more time passed and the death certificate was issued, they were informed by Barbara Zarb that the repayment process was ongoing. But eventually, they made inquiries with a notary who worked at the same offices as Barbara and were told that the widow had renounced her inheritance. This was subsequently confirmed by the Notarial Council on 17 August. 

The plaintiff’s lawyer, David Bonello, had spoken to Barbara Zarb’s lawyer and was informed that she was refusing the inheritance.
Although the Notary to Government had taken over the acts previously under notary Barbara’s care, they said that this would not help them get their money back, as the Notarial Council had stated that this could only be done through court proceedings.

Bonello had also written to Bank Of Valletta, where Barbara had his clients account, requesting information and a refund, but the bank had replied by referring them back to the heirs of the Notary.

“The undersigned are of the opinion that in the light of the current circumstances there is no doubt, at least prima facie, that a criminal offence has been carried out here, not only by the defunct notary Barbara but also by his wife,” reads the application, requesting a magisterial inquiry be opened.

The application also refers to interviews with former clients and articles in the media in which Barbara Zarb did not deny the allegations and refused to comment.

Rosanne Barbara Zarb is an accountant by profession, said the lawyer and would do accounting work for her husband. “Therefore, she certainly knows that clients funds were being used for personal purposes.” Her silence indicated that she was aware of the fraudulent use of the funds, which were effectively misappropriated, said Bonello. The renunciation of inheritance might sidestep civil responsibility but did not eliminate criminal responsibility, added the lawyer.

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