With reference to Peter Apap Bologna’s letter ‘Potential high cost of National Bank case’ (August 21), I would like to clarify a few points.

On October 14, 2014 the Constitutional Court of Malta presided by Mr Justice Tonio Mallia, Mr Justice Noel Cuschieri and Mr Justice Joseph Azzopardi rejected an appeal by the Maltese government and confirmed the judgement handed down earlier that year, in January 2014, by Mr Justice Joseph Micallef.

Mr Justice Micallef had ruled that the shareholders’ fundamental human rights had been breached when they were made to surrender their shares without compensation.

A second decision by the Constitutional Court rejected another government appeal on a similar court decision of February 6, 2014. The court decreed that the shareholders’ constitutional rights had been breached and that compensation was due to the shareholders.

The courts have to now determine the level of compensation due, or rather, long overdue for over 40 years.

I do of course agree with Mr Apap Bologna that the government should in the public interest settle this case sooner than ever given the fact that compound interest increases the quantum of compensation day by day.

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