Chief Justice warns institutions on court delays, reduces €100,000 compensation

A former employee at the government IT agency who was cleared of corruption in a €30 million tender for Mater Dei Hospital, has had his €100,000 in compensation reduced to €20,000 by a court of appeal.

In April 2021, a court found a 12-year criminal process had breached Noel Xuereb’s rights to a fair hearing. Xuereb employed at MITTS when charges were issued in his regard over allegations of bribery and corruption after serving on the evaluation committee processing a tender for IT services at the state hospital.

he message to the legislator, the State, the prosecution, the Attorney General and the courts is clear: ‘time is of the essence’ Chief Justice, Mark Chetcuti

The Appeals Court said there was no formula as to how the law courts could liquidate non-pecuniary damages, so it was entirely up to its discreation.

“The court has no doubt that €100,000 in compensation is excessive so it will reduce it to €20,000,” Chief Justice Mark Chetcuti said. “The message to the legislator, the State, the prosecution, the Attorney General and the courts is clear: ‘time is of the essence’.”

Noel Xuereb from St Julian’s, an employee with government IT agency MITTS, who served on the tender’s evaluation committee, and Pierre Mercieca of Attard, a consultant to the Italian firm Inso SpA, were charged with several counts of bribery, corruption and embezzlement related to the hospital project. Inso eventually won the €30 million tender.

Suspicions had been raised by then Investments Ministry evaluation committee chairperson, Claudio Grech, now a Nationalist MP.

Grech raised suspicions late in the negotiations and after the original tender winner was excluded due to financial and legal difficulties abroad, which had been identified by Xuereb.

Grech had gone to the police with his suspicions together with then minister Austin Gatt and an investigation, which was conducted without a magisterial inquiry, seized a number of documents and computers from the accused.

The police concluded that Mercieca had possession of documentation relating to the tender process with comments from Xuereb, which they took to mean as implying a breach of secrecy in the tender.

The police also believed that Mercieca allegedly provided a fireplace to Xuereb as a gift for the help he had received as preferred bidder for the IT services.

The evidence, however, showed otherwise, observed the court, noting that none of the charges based on Grech’s suspicions were proven.