Kordin architect simulated €250,000 property donation to partner ‘for debts owing’

Architect used “datio in solutum” title to disguise transfer of a €250,000 property to her live-in partner, also an architect

Jean Paul Sofia was killed in a construction collapse caused by negligence. Photo: James Bianchi/MaltaToday
Jean Paul Sofia was killed in a construction collapse caused by negligence. Photo: James Bianchi/MaltaToday

The architect charged with the involuntary homicide of the 19-year-old worker Jean Paul Sofia in the Kordin construction collapse, effected a €250,000 property transfer to her partner Eman Abela just weeks after the fatal incident.

Notarial documents show Adriana Zammit effected the transfer of property to her live-in partner, a technical architect. The property, a Zabbar house and garage, were valued at €250,000.

The document also specifies that the transfer was being effected as a “datio in solutum” title, that is claiming that that property transfer was to make good for a pending debt.

It has long been established that a contract of “datio in solutum” can easily be used to disguise a simulated donation, which can be a form of fraud, but whoever alleges it has to present conclusive and persuasive evidence of the same simulation. 

Magistrate Marse-Anne Farrugia made reference to WhatsApp chats between Zammit and a certain ‘Christian’ from 3 January 2023 onwards, a month after the fatal incident. The chats indicate that the architect started transferring unspecified but “substantial” sums of money and immovable property to third parties. 

Additionally, the chats are said to indicate that Zammit, “started to see how she was going to dispose of her money.” 

This alone does not constitute a crime according to the magisterial inquiry, however, it was noted that this fact could be relevant in the future, in the eventuality that Zammit's creditors come knocking for their dues.

The inquiry notes that in the future, this behaviour could be investigated since Zammit’s efforts to transfer personal assets could indicate plans to commit fraud.

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