Court to decide on Gaffarena request to suspend proceedings in April

Last month, Gaffarena's lawyer requested the Commission for the Adminstration of Justice investigate the Attorney General, lawyer Victoria Buttigieg and lawyer Christian Falzon Scerri for an alleged breach of the Code of Ethics and Conduct for lawyers.

A court is expected to issue a decree next month on Marco Gaffarena's request that it suspend proceedings in the case filed by the government to revoke his controversial expropriation deal.

In February, Gaffarena's lawyer Keith Bonnici had requested the Commission for the Adminstration of Justice investigate the Attorney General Peter Grech, lawyer Victoria Buttigieg and lawyer Christian Falzon Scerri for an alleged breach of the Code of Ethics and Conduct for lawyers.

The request had been filed in the acts of the case filed by the Prime Minister against the couple and the Commissioner of Lands, asking for the revocation of the unusual €3.4 million expropriation deal of a third undivided share of a property in Old Mint Street, Valletta.

This morning, before Madame Justice Anna Felice, Bonnici asked for the expropriation case to be suspended until the investigation is completed, if his complaint is upheld.

Attorney General Peter Grech, in no uncertain terms, denounced the request for an investigation as “frivolous and having no foundation at law” intended simply as a “media rollout,” aimed at bringing the issue back into the public eye.

“Nowhere in the law is a complaint to the Commissioner given as a valid reason to stall court proceedings,” said Grech, adding that if the request was granted, “the law would be there for nothing” as the Disposal of Government Land Act gives the AG the authority to sue the commissioner for lands because he was a party to a contract.

“God forbid we conclude that the AG has a conflict of interest when safeguarding public interest,” Grech added.

Granting the request would be tantamount to annulling a law, argued Grech. “To do that, the law must be an unconstitutional law and this has not been argued.”

Judge Felice asked Bonnici why the request had not been made at the beginning of proceedings. The lawyer replied that this was a moot point at this stage, as the irregularity had been made.

“How can the Prime Minister file a case against a body which he himself chairs? Even if the court does not accept this plea, the problem will remain...The government's lawyer is suing the government, the Prime Minister is suing himself as Minister for Lands”

Lawyer Peter Caruana Galizia, representing a number individuals who also own a share in the property, requested that they be included as parties to the case. A similar request had previously been made on behalf of other owners by lawyer Tanya Sciberras Camilleri.

They are arguing that, as the government had expropriated an undivided share of the property, the share expropriated could not be identified. As they had not been involved in the expropriation, they requested that it be declared null.

The Commissioner for Lands - who is also being sued by the government- had accepted the request for their inclusion, but Gaffarena had objected, Caruana Galizia told the court.

“Our aim is to be included in the case, and lend our support to the Prime Minister who is seeking to revoke the deal,” Caruana Galiza added.

Lawyers Victoria Buttigieg and Chris Falzon Scerri are also representing the Office of the Attorney General. Lawyer Josianne Azzopardi appeared on behalf of the Commissioner for Lands. Lawyer Astrid May Grima represented Identity Malta in the proceedings.

The case will continue on 4 April.