Neville Gafa illegally received medical visa payments from Libyans, court ruling reveals

Former government official Neville Gafa formed part of an unlawful arrangement with a Libyan intermediary to collect medical visa payments from Libyan nationals seeking treatment in Malta.

The information comes from a civil case filed by the Libyan intermediary against the Health Ministry, the director general of the Department of Health Services, the Foundation for Medical Services and Gafa. The Libyan man was requesting the restitution of €36,675, which he claimed was money still due to him.

The court found that the request was based on an illegal arrangement between the Libyan man and Gafa and thus rejected the financial claim.

The Libyan man had argued that he acted as an intermediary between Libyan entities and Maltese authorities, facilitating medical transfers in the post-Gaddafi era.

He alleged that funds were collected from Libyan individuals and passed on for visa and treatment arrangements, but that a number of patients never travelled to Malta despite payments being made. After partial refunds, he claimed that €36,675 remained due and sought repayment and damages.

The case concerned the medical cooperation between Malta and Libya following the 2011 conflict, when Libyan nationals were brought to Malta for treatment. Initially, Malta had offered humanitarian assistance free of charge, but over time the Libyan government was expected to bear the medical costs incurred.

The defendants denied any contractual relationship with the Libyan intermediary and insisted they had never received such funds. The Foundation for Medical Services argued it had no legal connection with the alleged transactions.

After examining witness testimony and documentary evidence, the court concluded that Gafa, and not the institutional defendants, had received substantial cash payments from the plaintiff and third parties in connection with the visa process.

However, the court was equally clear that those payments were not received in the course of Gafa’s official duties with the Foundation for Medical Services, nor under any authorisation from the Health Ministry.

Evidence showed that medical expenses at Mater Dei Hospital were billed to the Libyan government directly rather than individual patients, and that the official visa application fee amounted to €66, payable to immigration authorities.

Cash payments and no receipts

There was no evidence that Maltese health authorities required advance cash payments from individuals to secure treatment or visas. The payments described in court were made in cash and without official receipts.

The court held that the agreement between the Libyan intermediary and Gafa could not be regarded as part of any lawful administrative framework. The court concluded that the payments were not legitimate advance medical costs but were linked to an improper service involving intervention in visa issuance procedures in exchange for money.

The court ruled that the obligation relied upon by the Libyan intermediary was based on an unlawful cause.

Under Maltese law, an obligation founded on an illicit cause has no legal effect. Where both parties participate in an unlawful arrangement, the courts will not assist either of them.

Although the court accepted that Gafa had received payments, it held that the illegality of the underlying transaction barred any recovery.

The claims against the health minister, the director general and the Foundation for Medical Services were dismissed and the alleged obligation was declared void. Additionally, the court noted that all claims brought by the intermediary were rejected, with costs ordered against him.

Lawyer Mark Vassallo appeared for Neville Gafa’, lawyer Leslie Cuschieri represented the plaintiff, and lawyer James Scerri Worley and Andrew Grima appeared for the Ministry for Health.

Madame Justice Rachel Montebello presided over the sitting.

Gafa was an official at the Office of the Prime Minister until 2019 and had his job terminated when Robert Abela became prime minister. Yet, last year, Gafa was once again asked to join the OPM as customer care representative. His job was terminated a few months later after ambassadors publicly lamented Gafa's actions to remove flowers laid by them at Daphne Caruana Galizia's memorial in Valletta. The episode embarrassed the government.