The second-placed bidder for a new casino licence yesterday filed a new application in court in an effort to force the government to publish all the evaluation reports compiled by the Privatisation Unit.
Economy Minister Chris Cardona yesterday said he could not publish the reports due to a confidentiality clause that precludes him from doing so.
He also dismissed claims that the process was somehow vitiated to accommodate the Eden Leisure Group, which placed first.
Dragonara Gaming Ltd – which already operates the Dragonara casino in St Julian’s – is contesting the fact it came second in the process, although the government last week said it was prepared to issue two licences.
Dragonara Gaming said the court needs to see all reports prepared by the Privatisation Unit before the government took its decision.
The company also asked the court to call upon Emanuel Camilleri, chairman of the Privatisation Unit, and Judge Godfrey Valenzia, who chaired a technical committee in the evaluation process, to testify.
The court is expected to hear the case next week after agreeing to temporarily stop the Privatisation Unit from conducting final negotiations with Eden Leisure.
Dr Cardona said that, from the information available, the selection process was above board and Dragonara Gaming’s claims were based on opinion.
“At this stage we cannot publish [the reports] as the process is still ongoing.”
The minister also said that he assumes political responsibility for the process.
Eden Leisure, which is planning to open a casino at the Intercontinental Hotel, asked the court to be party to the proceedings in order to defend its interests.
In a separate application, filed on its behalf by Prof. Ian Refalo, Eden Leisure maintained that, although Dragonara Gaming submitted highest one-off offer, it was placed as the preferred bidder as it had the overall best proposal in terms of the request for proposals.
According to Eden Leisure, the concession award was based on the maximum benefit of the proposal to the Maltese economy through increased investment, new business opportunities and new employment opportunities.
Dragonara Gaming said its one-off financial offer was €3 million higher than the one submitted by Eden Leisure and therefore the government should have named it as the preferred bidder.