A court this morning heard submissions in relation to a request for a warrant of inhibitory injunction filed by the Prime Minister against Mark Gaffarena over the controversial €1.65 million expropriation deal for a Valletta property.
A final decision whether to permanently uphold the injunction will be given by not later than February 21. A temporary injunction was issued last week.
The proceedings, which are being heard before Mr Justice Joe R Micallef, are separate from the civil case instituted by the government to revoke this deal.
The latter will be heard before Madam Justice Anna Felice as from next month.
The injunction is aimed to prevent Mr Gaffarena from transferring properties handed to him by the government, in this deal for two quarters of a palazzo in Old Mint Street.
In his submissions, Attorney General Peter Grech, on behalf of the Prime Minister cited the Disposal of Government Land Act, through which any MP can challenge any transfer of land from the State to a third party. In this case Dr Muscat’s challenge is being done on the basis of the value of the property.
The AG also argued that any compensation had to apply to all owners not just one, saying that the property was held in undivided shares.
The AG also argued that any compensation had to apply to all owners not just one, saying that the property was held in undivided shares.
On the other hand, Mr Gaffarena’s lawyer Keith Bonnici told the court that Dr Muscat had instituted proceedings in his capacity as Prime Minister and subsequently as head of government, and not as an MP. He added that such nomenclature would give rise to confusion and was not in line with the provision cited by the AG.
During today’s sitting notary Marisa Grech, assistant director of contracts at the Government Property Division listed the properties given to Mr Gaffarena, through two contacts signed on 28 January and 10 April of last year.
Each contract concerned a quarter of this property. The properties were in Sliema, Siggiewi, Qormi, Naxxar, Bahar ic-Caghaq and Zebbug.