Hotelier claims breach of fair hearing over lotto booth dispute

Construction magnate and hotelier Angelo Xuereb has filed Constitutional proceedings against the Office of the Attorney General, claiming that his right to a fair hearing was breached in a lawsuit which he had filed to evict tenants from a property used as a lotto booth.

In an application filed before the First Hall of the Civil Court in its Constitutional jurisdiction, plaintiffs Angelo Xuereb, Claire Zammit and Denise Xuereb and Suncrest Hotels p.l.c. explained that the company had leased the Qawra property to EZ Ltd in December 2008. Felix Mifsud and Marianne Bezzina appeared on the lease agreement as guarantors.

The plaintiffs claim that during the lease, EZ Ltd had consistently fallen behind on rent payments, in spite of several concessions and requests on the part of the lessors. The sum deposited as security upon the signing of the contract had eventually been appropriated by Xuereb.

The lease expired in February 2015, however the defendants continued to occupy the property, allegedly ignoring requests that they vacate it. As per a contractual clause, Suncrest Hotels p.l.c then filed arbitration proceedings against EZ Ltd.

Together with their reply to the arbitration proceedings, EZ Ltd had filed a counter-claim in which they requested payment for costs allegedly incurred when Suncrest had cut off their electricity supply, amongst other claims.

In December that year, Angelo Xuereb, Claire Zammit and Denise Xuereb were charged with taking the law into their own hands by having disconnected the lotto outlet's electricity.

Their lawyers then requested the court suspend the hearing of the criminal case until arbitration proceedings were concluded, however the Court of Magistrates turned down this request.

Xuereb's lawyers claim that this decision has upset the delicate balance of equality of arms and places Suncrest at a disadvantage vis-a-vis EZ Ltd. The differences in the levels of proof required before the two different adjudicators could result in an anomalous situation whereby in spite of being acquitted in the criminal case, the arbitration proceedings could still be decided against them.

The application requests the court declare the Court of Magistrates' decree, rejecting their request, to have violated their rights to a fair trial under the European Convention of Human Rights and their right to a fair hearing within a reasonable time by an independent and impartial court established by law, under the Constitution.

Lawyers Evelyn Borg Costanzi, Michael Sciriha and Patrick Galea signed the application.