Power of attorney debate may lead to official complaint

So "lively" was a debate between the lawyers of the parties to a case over property before the Gozo Court that the issue is likely to end up before the Chamber of Advocates.

The incident occurred last Thursday during a sitting in a civil case instituted by Joseph Vella against Mary Grech over the enforcement of a promise of sale of property.

The case was instituted in 2001 and in last week's sitting, Joseph Fenech, known as Zeppi l-Hafi, appeared on Mrs Grech's behalf after she gave him power of attorney.

The court was presided over by Magistrate Paul Coppini.

At the start of the sitting, lawyer Anton Refalo, appearing for Mr Vella, objected to Mr Fenech's presence. But lawyer Charmaine Cherrett, for Mrs Grech, said her client had given Mr Fenech power of attorney and filed a copy of the document in court.

A legal debate ensued about whether it was legally correct that Mr Fenech should have power of attorney ensued.

At one stage Mr Fenech was asked to leave the courtroom and when Dr Refalo said he wanted to make a submission Dr Cherrett argued it was not fair to make a submission about her client in his absence. The court in fact asked Mr Fenech to return to the hall.

Dr Refalo was reported to have declared he felt intimidated and even asked for court protection.

On her part, Dr Cherrett said her client would be filing a report with the Chamber of Advocates about the matter. The complaint will particularly deal with Dr Refalo's attitude and comments allegedly addressed at Mr Fenech.

Efforts to get comments from Dr Refalo failed yesterday as calls on his mobile phone remained unanswered, as was an SMS for him to kindly return the calls.

Dr Chris Said, Dr Franco Debono and Dr Charmaine Cherrett are appearing for Mrs Grech.

The case was put off to November.