A case against two men charged with trading in influence over an €18.5 million Pender Gardens project can proceed, a magistrate ruled today as he observed that the prosecution had brought the “bare minimum” in terms of proof.

Magistrate Aaron Bugeja was giving his ruling in the case against Pierre Mercieca, a 55-year-old from Attard who is self-employed and who is pleading not guilty to trading in influence on and before May 30 last year and Josef Dimech, 35, a company director from Ta’ Xbiex, who is denying being an accomplice.

They are charged over an alleged attempt to influence an €18.5 million contract covering another phase of the Pender Gardens project in St Julian’s.

Mr Mercieca is the same businessman who had been charged in court in 2007 over the adjudication of the IT system installation contract at Mater Dei Hospital.

Magistrate Bugeja urged the prosecution to investigate the case further as the evidence heard in court so far was somewhere between “the probable and the possible. This, he said, was not enough to secure a conviction in a Criminal Court.

In submissions on prima facie as part of the compilation of evidence, lawyer Joe Giglio, representing Mr Dimech, noted that a ruling that there was not enough evidence to proceed against his client was not a definitive acquittal but only a discharge.

Pender Gardens deputy chairman Edward Licari and project manager Mark Borg, who both sat on the adjudication committee, with the latter responsible for the technical aspects of the bid, said it was “easy” for a contractor to arrive at the bidding price of a competitor.

The matter reached the police when one bidder, George Borg of GP Borg, met an unknown person – who later turned out to be Mr Mercieca - who told him that he knew his bid was €18.5 million, another bidder, Elbros, was bidding for €19.5 million while the third and final bidder, Attard Brothers, bid for €21 million.

The case continues in April.

Police Inspector Ian Abdilla is prosecuting.

Lawyer Joe Giglio appeared for Mr Dimech while lawyer Arthur Azzopardi appeared for Mr Mercieca.

Lawyers Norvil Desira and Franco Debono appeared parte civile for Mr Borg.

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