Bernard Grech files appeal in bid to get State Attorney chase accused for €400 million

Opposition leader Bernard Grech has filed an appeal against a decision by Mr Justice Toni Abela, to refuse his request to have the accused in the Vitals-Steward procurement fraud prosecuted on the value of the €400 million government spend in the hospitals’ privatisation.

Grech and MP Adrian Delia said the court had been wrong when it deemed that the State Attorney could be susceptible to hidden agendas in pursuing such a prosecution, and insisted the office was duty-bound to protect and defend the State and seek compensation for any theft committed through corruption, deceit, or collusion with third parties in the Vitals-Steward saga.

The Opposition MPs want the court to order the State Advocate to recover up to €400 million in taxpayer funds that were paid to the concessionaires of the deal – Vitals at first and Steward later.

Grech’s and Delia’s lawyer, Edward Debono, said the Court had been incorrect in claiming it be violating the Constitution in consenting to their request.

“What is being requested is to give meaning to the powers the State Advocate has in its individual judgment, and that it should not be subject to the direction or control of any other person or authority, including the Cabinet of Ministers when it is acting in the public interest for the safeguarding of the legality of the State.”

Debono said the State Advocate had the right to file civil cases against those accused in the Vital procurement fraud to recover the stolen money as a consequence of fraud, misappropriation, money laundering, theft, corruption, and collusion with Vitals/Stewards.

“The First Court should have concluded that the State Advocate, in its constitutional role, has the right to act on its own when it becomes aware of any fraudulent, deceitful acts of misappropriation, money laundering, theft, and deceit in collusion with third parties to the detriment of the Maltese State, when this was perpetrated by the highest officials in the Maltese government.”

Mr Justice Toni Abela had dismissed the request to force the State Advocate to recover defrauded funds from the corrupt hospitals’ deal, ruling that it was not the court’s competence to tell the State Advocate what to do.

The case was initiated in 2023 following a court ruling that annulled the hospitals deal, calling it fraudulent.

Grech insists it is now up to the State Advocate to initiate any legal proceedings to recover funds that were spent fraudulently.

Prime Minister Robert Abela has however accused the PN of wanting to recoup the money claimed by Steward for its hospital operations, from Maltese public officials such as former health minister Chris Fearne and their families. Fearne is among those charged with dereliction of duty in the ongoing Vitals-Steward saga.