The whistleblower in Gozo's alleged "works for votes" scandal will be invited to testify next week as the compilation of evidence against Anthony Debono, husband of former Gozo Minister Giovanna Debono continues on Tuesday.
Mr Debono is facing 13 charges including misappropriation of funds and fraud.
During today's sitting, defence lawyer Joe Giglio argued that the said works were allowed and presented the court with the 2011 government departments annual report which said the main aim of the unit was to render a service in construction and maintenance in public areas, to the public and voluntary organisations.
At the beginning of this afternoon's sitting, Police Inspector Rennie Stivala testified that the projects director at the Gozo Ministry, Joe Portelli once drew the attention of Gozo Minister Giovanna Debono that he had some issues with her husband over certain works which Mr Portelli (who was his superior) had not been made aware of before.
Consequently Mr Portelli did not approve certain invoices.
He then went over a list of 22 works approved directly by Mr Debono.
Following the last election Mr Portelli once again refused to process any payments when a contractor (Joseph Cauchi known as Is-Sansun) complained that he had pending payments of about €50,000.
Subsequently the accused Anthony Debono made two separate payments to the contractor of €10,000 each, to reduce the pending bill to €30,000.
As inspector Stivala was going over some works carried out in Wied il-Lunzjata, which consisted of the widening of a bridge to facilitate vehicular access, both the accused and his wife made signs of disapproval, implying that they were vehemently denying such claims.
Inspector Stivala testified that the contractor told the police that the works commissioned by Mr Debono were mostly carried around the 2006 local elections, and the 2008 and 2013 general elections.
Magistrate Neville Camilleri urged inspector Stivala not to go into such details as most of the information has already emerged last week when Inspector Abdilla was testifying
Continuing, the inspector said that throughout the interrogations the accused refused to reply to questions as he felt his case was being used as a political football.
CROSS EXAMINATION
In his cross examination, defence counsel Joe Giglio asked what happened between March 8, when case surfaced in the media and April 1 when whistleblower option was floated by the Attorney General.
Inspector Abdilla said the police examined the evidence seized from the Gozo Ministry and spoke to several people, but not to contractor Joe Cauchi, the accused or the people connected to the 22 sites.
Dr Giglio insisted that this implied that it was clear from the beginning that the contractor would be given whistleblower protection.
Inspector Abdilla said they only interrogated the people linked to the 22 sites when they heard the allegations from the horse’s mouth (the contractor) and not from the media.
Dr Giglio then went over the works listed by the prosecution. Asked about the works at Gharb Football ground, Inspector Abdilla said he had recounted what the whistleblower told the police, without entering into the merits of whether anyone had privately profited from these works or not.
The defence repeatedly questioned inspector Abdilla whether this particular case consisted of misappropriation of public funds, since this was government property.
Inspector Abdilla pointed out that there were other charges, including embezzlement and fraud. However, he did not feel he should not go into such merits at this stage of proceedings.
Prompted by the magistrate to give a clear reply, Inspector Abdilla said works were not covered by a tender, payments had not been made to the contractor and there were several other irregularities.
The defence asked what was wrong with the Construction and Maintenance Unit carrying out works in football grounds. Inspector Abdilla said he did not go into such detail.
Dr Giglio pointed out that the documentation tabled by the prosecution shows that the unit had, in 1996, carried out works at the Nadur football ground.
So there was no misuse of funds in this particular case. Inspector Abdilla agreed, saying as the payment had not yet been processed.
Dr Giglio then moved to the works at the Gharb five-a-side football ground, saying that even this could not be considered as misappropriation of public funds.
Inspector Abdilla replied that no tender or period contract had been issued for these works.
The defence questioned the prosecution whether it was in the remit of the accused to try and acquiesce to a request for help made by the Gharb mayor for these works.
Inspector Abdilla said that the accused was entitled to do such thing, but pointed out that the accused had not paid the contractor.
Dr Giglio replied that the prosecution’s thesis that the accused had not found the time to “invent” some invoices since then, to settle the pending amount was not credible. Inspector Abdilla replied that the payments had been never issued as they were not covered by tender.
The court is suspended for five minutes, as Inspector Abdilla's and Dr Giglio's tempers are on the verge of flaring.
When the sitting resumed, Inspector Abdilla said such works were in the remit of the unit.
Concrete platform in Gharb
Turning to the building of a concrete platform for the village feast of Gharb, the defence asked whether there had been abuse of public funds in this case.
Inspector Abdilla said the platform was built in breach of planning rules. No guidelines were found on the works the unit was allowed to carry out, a statement with which Dr Giglio did not agree."
Are you aware how many works the carries out in private properties such as Astra Theatre and Wirt Ghawdex," the defence questioned. At this point Dr Giglio, presented the 2011 government departments annual report which referred to the CMU.
It said that the main aim of the CMU was to render a service in construction and maintenance in public areas, to the public and voluntary organisations. This showed that such works were allowed, Dr Giglio said.
Road leading to fireworks factory in San Dimitri area
On the works in the read leader to the fireworks factory in the San Dimitri area, Dr Giglio insisted that were in the remit of the unit.
“Do you know that this is one of the most popular country roads in Gozo?” he asked.
Inspector Abdilla replied that the method with which these works were financed was illicit and pointed out that it was difficult to identify which “false invoices” were attributable to particular works.
Dr Giglio questioned whether the whistleblower was asked why the invoices over works carried out in Gharb in 2006 were never issued.
Inspector Abdilla replied that the accused never approached the contractor to ask him to present the invoices.
Enlargement of parking area near private residence
On the enlargement of a parking area near a private residence, the defence argued once again this was a public road.
Works on a dangerous wall (structure) in Gharb
Inspector Abdilla said this wall was in a private property.
Asked whether he had verified this with official sources, and whether he was aware of planning policies on such structures, Inspector Abdilla said he did not make such verification.
Quarry belonging to Sammy Camilleri
The whistleblower claimed he was still owed some €13,000 for these works. The defence pointed out that the quarry owner had remarked that he had settled the bill, and he had only asked the accused to do some works in country roads and fields.
Once again the inspector admitted that such works were in the remit of the unit.
Road in Ghasri
The defence said the owners had requested a drainage connection and the unit carried out the works.
Inspector Abdilla argued that these works should have been carried out by the owner, as the link between the residence to a public main should be covered by the owner.
Triq is-Sdieri, Gharb
The defence pointed out that the 2011 document cited before, stated that the unit could also carry out works on ramps and roads leading to farms.
Inspector Abdilla argued that had procedure been following, the payments due would have been issued in a regular manner.
Works in a private Road in Fontana
The defence pointed out that works were only carried out to avoid flooding in nearby fields.
Inspector Abdilla said he did not find any documentation to substantiate these claims.
Access road to farm
The defence pointed out that this road had to pass through public land but it was not completed as it would have had to be partly on a school ground. Hence no works in private properties were carried out.
Country path
The defence reiterated that the unit was allowed to construct country paths, even in private properties.
But Inspector Abdilla insisted that no works could be carried out on private paths which led to nowhere.
The defence replied that there was no such qualification was in the 2011 government department document which had been presented to court.
Wine Cellar at Brookies Restaurant in Victoria
The defence pointed out that only excavation works were carried out and these were done to avoid flooding in the area.
Water reservoir
The defence pointed out the reservoir was constructed following road works which had caused flooding. It noted that the project had been started before the accused had been appointed at the helm of the department.