Magistrate gives green light for criminal inquiry into notary Ivan Barbara, wife

The court of magistrates has upheld a request for an inquiry made by three former clients of the deceased notary Ivan Barbara.

Matthew Sacco, Simon Mallia and Valeria Mallia had asked for the inquiry in order to examine whether there was misappropriation and fraud by Barbara and his widow.

The three had entrusted Barbara with cheques amounting to €30,650 on various promises of sale.

Barbara died of COVID-19 in India earlier this year while in the country to adopt a child.

Many of his former clients are now struggling to recover their deposits, having signed promises of sale agreements before the notary.

In an application filed in court by lawyer David Bonello, the three said they had paid Barbara the money to eventually pass it on to the sellers when the contracts of sale were finalised.

They said that in order not to lose their properties, they had entered into new promises of sale and paid the deposits for a second time after Barbara’s death. They requested the return of their previous deposits.

At first, Barbara’s widow Rosanne had told them that there were complications due to the certificate of death not having been issued. After some time, she had told them that the refund was being processed, but they later learned that she had renounced her husband’s inheritance.

They said that the Notary to Government who was entrusted with taking over the deceased notary’s files did not help them recover their money, so they wrote to Bank of Valletta, with whom Barbara had his client account, requesting information and refund. But the bank referred them back to the notary’s heirs.

The clients are claiming that Barbara and his widow had carried out a criminal act and argued that there were sufficient reasons to open an inquiry. The widow had not denied media reports that the couple had used the funds during a trip to India, where they went to adopt a child.

The widow had also failed to react to claims that the couple held offshore accounts and that he had deposited cheques in his personal account instead of his clients account, they said.

As an accountant who worked with her husband, Barbara had to be aware of what was happening, argued the plaintiffs. Renouncing to the inheritance did not free her from criminal responsibility, they said.

Magistrate Caroline Farrugia Frendo upheld the request.