Magistrate rules for indictment

A member of the board adjudicating the tenders submitted for an IT system installation contract at Mater Dei Hospital, told the police he passed on information to one of the bidders because he believed that was the best choice for the government, a magistrate heard yesterday.

Police Inspector Joseph Cordina testified that Noel Xuereb, a member on the adjudication board, admitted to having passed on confidential documents to Pierre Mercieca, a part-time employee with Inso, a company that formed part of the consortium AME that was tendering for the IT contract.

The officer said that Mr Xuereb insisted he had not done so for financial gain, but because he believed that AME was the best choice for the government in view of the fact that its only competitor, iSoft, was experiencing financial problems.

"That was what he said, although I have a different opinion," Inspector Cordina said.

The officer was testifying before Magistrate Jacqueline Padovani in the compilation of evidence against Mr Xuereb, 42, of St Julians, and Mr Mercieca 47, of Attard.

Mr Xuereb is pleading not guilty to accepting bribes, embezzlement, taking a private interest in the adjudication of tenders and disclosing professional secrets when he served as a public officer on and before January 14.

Mr Mercieca is charged with bribing Mr Xuereb and with complicity.

Inspector Cordina said that on January 13 he had been briefed to look into alleged irregularities in the tender adjudication process. His role was to investigate Mr Xuereb.

After seizing several documents and computers from Mr Xuereb's residence, Mr Xuereb was taken to the police headquarters for questioning.

There he explained that he had met Mr Mercieca in January 2006 and, sometime after their first meeting, Mr Mercieca started contacting him regularly.

Initially, Mr Mercieca asked for his opinion but then started asking for more information and documents. Mr Mercieca phoned him regularly, up to 10 times daily, and even went to his house on about 20 occasions. Mr Xuereb said he went to Mr Mercieca's house once, in the Christmas season, the officer testified.

Mr Xuereb told the police he gave Mr Mercieca information that included the outcome of a report, issued in September, saying that iSoft was a risk for the government and AME was less risky.

The witness added that Mr Xuereb insisted he had not been financially rewarded by Mr Mercieca.

When asked if his newly-installed fireplace was part of his payment Mr Xuereb replied that, although he obtained it from Mr Mercieca, he was planning to pay him for the fireplace as soon as it was functional.

At the end of the sitting Magistrate Padovani ruled there were sufficient reasons for the men to be indicted.

Police Inspectors Joseph Cordina and Ian Abdilla conducted the prosecution.

Lawyers Joseph Giglio, Emmanuel Mallia and Giannella Caruana Curran were defence counsel.