Court of Appeal rejects Steward applications in ongoing appeal

The Court of Appeal rejects a number of applications filed by Steward Healthcare and the Government in their appeal against February’s decision to declare the concession of three public hospitals null due to fraud

Updated at 6:12pm with PN statement

The Court of Appeal in its superior jurisdiction has rejected a number of applications filed by Steward Healthcare and the Government in their appeal against February’s decision to declare the concession of three public hospitals null due to fraud.

In a series of decrees handed down on Tuesday, Chief Justice Mark Chetcuti, together with judges Giannino Caruana Demajo and Anthony Ellul dismissed Steward’s request for a preliminary reference to the European Court of Justice, ruling that it was not necessary for the Maltese court to decide on the appeal. 

Another request by Steward, asking to exhibit new evidence, was also rejected, with the court ruling the documents in question were not relevant to the merits or the first court’s decision.

A third application, filed by the Prime Minister, the Attorney General, INDIS Malta Ltd, the Lands Authority and the Chairman of the Board of Governors met a similar fate to the other two, with the court observing that there was evident disagreement between the government and Steward about the validity of the notice of termination. “The issue before this court is not to decide on the validity or otherwise of the notice in question,” ruled the judges, dismissing the request.

In its appeal application, Steward claimed that the decision by the court of first instance had “presents major concerns for the rule of law in Malta and has serious implications for the future of foreign investment in the country “

The Nationalist Party has welcomed the rejection of a number of applications filed by Steward Healthcare and the Government.

In a statement on Thursday, the party also expressed support for the dismissal of a separate request by Steward, asking to present new evidence.

The PN called for no more obstacles so the Court carries its duty, so that the "people's money" can promptly return to the people.