No one influenced the award of a tender for the second phase of works at the Pender Gardens project in St Julian’s, according to a member of the adjudicating committee, a court heard today.
The case is over a design and build tender for the T1 and T2 towers and Block 17 at Pender Gardens covering construction, apertures and water and electricity.
Pender Gardens had received three bids from GP Borg, JAM consortium composed of Attard Brothers, JS Dimech and Mekkanika Limited and another bid from another consortium formed by Elbros Limited.
Peter Diacono, the group’s chief executive officer, told the court the committee was after quality and price was not a determining factor on the decision, so much so that the consortium which had the highest bid was chosen in the end.
He was testifying in the compilation of evidence against Pierre Mercieca, 55, from Attard, who is denying trading in influence on and before May 30 last year and against Josef Dimech, 35, a company director from Ta’ Xbiex who is pleading not guilty to being an accomplice.
In 2007, Mr Mercieca had been charged in court over the adjudication of the IT system installation contract at Mater Dei Hospital. The case is still pending.
Group chairman Edmund Gatt Baldacchino, who also sat on the committee, said that during negotiations the bidders were given indications of prices but never the global amount, to which only the technical committee had access.
Both Mr Diacono and Mr Gatt Baldacchino said they knew Mr Dimech was part of a consortium that eventually won the tender but had never seen Mr Mercieca before yesterday.
Mr Gatt Baldacchino said the company “dragged its feet” on signing the contract because of the police investigation, at a cost of €6,000 a day in interest.
Contractor George Borg, from GP Borg, also testified to explain how he went to the police after Mr Dimech, a director of JS Dimech, a company that supplies aluminium, told him that the subcontractors he (Mr Borg) had chosen were not favoured by Pender and urged him to take him and Mekkanika on board so they could win the contract.
Later, he was approached by someone who introduced himself as George, a Pender director, who told him that he knew his bid was €18.5 million, Elbros was bidding for €19.5 million and Attard Brothers (JAM) for €21 million. The latter was eventually awarded the contract for €19 million.
The case, before Magistrate Aaron Bugeja, continues.
Inspector Ian Abdilla is prosecuting. Lawyer Joe Giglio appeared for Mr Dimech and lawyer Kathleen Grima for Mr Mercieca. Lawyers Franco Debono and Marion Camilleri appeared for Mr Borg.