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Attorney General withdraws demand for freeze on whistleblower’s assets
‘Incredulous’ request to freeze assets of whistleblower who says OPM official breached private leased agreement, withdrawn.
18 January 2013, 12:00am
Karl Stagno-Navarra
Karl Stagno-Navarra
2 min read
Whistleblower Joe Borg
The Attorney General has withdrawn a request it made yesterday for the seizure of assets belonging to Joseph Borg, 75 of Swieqi, who stands charged of blackmailing and defaming the name of Rita Schembri, head of the OPM's internal audit directorate, and a member of the OLAF supervisory board.
The note was presented to Magistrate Anthony Vella earlier today.
Borg was arrested in November for sending an email to Schembri, threatening her he would report her to OLAF, the EU's anti-fraud unit, if she did not pay outstanding dues to third parties who had sub-leased from Schembri the restaurant that Borg himself leased to Schembri.
Police Inspector Chris Pullicino said yesterday that once the Attorney General issued the articles at law which place Borg under indictment, defamation can carry a maximum one year jail term, which gives the State the power to call for a freeze on the accused's assets.
The request was met with incredulity by defence lawyer Daniel Buttigieg, who claimed it was absurd and that it required a serious review. "I cannot understand this. It doesn't make sense. If it were for drug trafficking fine, I would... but surely not a case of defamation," Magistrate Anthony Vella said on his part.
Vella said that if this was done "anybody charged of a crime could have his assets frozen."
The magistrate suspended the sitting until next month, while a ruling on the Attorney General's request which was expected to be given from his chambers, has now become redundant.
Borg is accused of threatening Schembri by an email on 19 November, saying that he would report her to government authorities if she failed to pay monies she owes to third parties, in litigation she has on her sub-leasing of his restaurant to them.
Borg is owed €22,000 by Schembri after the latter was found guilty by a civil court of breaching a lease agreement on a restaurant she rented from Borg. Schembri is also involved in court litigation with another sub-lessee, over who has to pay Borg further monies for a breach of the lease agreement.
Borg did not deny sending an email reporting Schembri to OLAF, the EU's anti-fraud office of whom Schembri is a member of its supervisory committee.
The matter is further compounded by another court case in which Schembri and another sub-lessee - the one who succeeded Lawal who has since departed to the United Kingdom - are in litigation over who has to pay Borg his 33% share of the sub-lease.
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No Mr Justice - I do not agree with you. The Attorney General should not take orders from the PN or the Party in Government, any party in Government ! The Attorney General should be independent on his own and not used as a puppet. Because of that stupid request the Attorney general has exposed himself as politically baised. He should resign - no more no less. I expected much more from Dr Peter himself.
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I have been unjustly accused of defamation in sending an e-mail to Rita Schembri, when I was only quoting the decision arrived at by the Court Of Appeal in the case no 708/03. The court decided thus "Fid dawl tar-raggiri da parti tal konvenuti ( Rita u Mark Schembri) biex jippruvaw jahbu l-ksur tal-kondizzjoni marbuta mal-fakolta lilhom koncessa ma l-eventwali sullokazzjoni a favur terzi tal-fond meritu tal-kontestazjoni, ma jisthoqqilhomx li jinghataw il-purgazione tal-mora". "... u tikkonferma s-sentenza appellata ghal zgumbrament mill-fond".
Il kellma "raggiri" hija derivata mil kelma taljanah "raggirare" li tfisser "imbrogliare", bil malti "tiffrodi".
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My e-mail to Rita Schembri was as follows "I am giving you 24 hrs to redeem yourself of past mischievious conducts, not that you deserve such a choice, before I give all details to OLAF, as per their request in the message below."
"You need to reimburse the family of Ben Kinglsey wih Lm26,500 and Omar Granata with €28,000, which I consider were fraaudulently obtained by you."
"In the absence of your acceptance I shall reply to OLAF, submitting all documents which I have already prepared"
"You should also consider an honourable way out of this mess to avoid unnecessary involvement to the Office of the PM"
As can be noted I stood nothing to gain, so where is the blackmail or threat. I was only giving Rita a chance to redeem.
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The money that is owed to my company by Rita Schembri and Omar Granata is of €82,946.24; a debt that both has admitted that is due when they signed an agreemnet on the 10th April 2009.
The claim for payment for the mentioned amount, with commercial interest, is the subject of a court case. Sentence on this case ( Cit 1092/05) was due to be given on the 29th of November 2012 but was deferred to a date after the election.
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Yes it is a downright disgrace that human rights are being trampled asunder at every moment and every corner of Malta. However, I am absolutely sure that the Attorney General himself is not to blame. He is most probably obeying strict orders from GONZIPN to protect their protege and force other intending whistleblowers from blowing their whistle!!!! It might even be that others at the Attorney General's Office are pushing the pen in his name behind his back. It happens very often when pressure is placed on them to obey. Such is the state this country has deteriorated under this autocratic Government that protects those suspected of fraud and runs roughshod over the innocent.
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X'gharukaza ta pajjiz! Mhux ta b'xejn li ic-cittadini normali tilfu kull fiducja ta Gustizzja f'Malta! Nispera li dan L-AG jaghti spjegazzjoni ghal agixxa hekk!!!!
