[attach id=384814 size="medium"]Labour MP Luciano Busuttil.[/attach]
Labour MP Luciano Busuttil was still actively representing a client in court at the same time he was advising the Cospicua council on a tender involving the same client, in breach of the law, The Sunday Times of Malta has learnt.
Dr Busuttil has categorically denied double representation but court documents seen by this newspaper show that while the Labour MP advised the Cospicua council in favour of Saviour Mifsud he was still representing his client in court in another case against the Sliema council.
Cospicua mayor Alison Zerafa confirmed to this newspaper that Dr Busuttil gave his advice to the council on February 13, 2013.
Through this advice, another competing company was disqualified and Mr Mifsud was awarded the contract on February 19.
The issue surfaced after a decision taken by the Court of Appeal in a case filed by WM Environmental Ltd against the Cospicua local council over the waste-collection tender awarded to Mr Mifsud. While annulling the contract, the court ordered that Dr Busuttil is investigated for “serious allegations” that he had advised the Cospicua council to disqualify a bidder in favour of his client.
Court documents confirm that at least until February 28 last year, Mr Mifsud was Dr Busuttil’s client (see timeline).
The documents show that the Court of Appeal decided Mr Mifsud’s case against the Sliema council on February 28, 2013, and lists Dr Busuttil as the plaintiff’s lawyer.
The Sunday Times of Malta inspected the file related to the case and it emerges that at no stage did Dr Busuttil stop representing Mr Mifsud.
This documented evidence contrasts sharply with Dr Busuttil’s denial last week when the case was referred to the Commission for the Administration of Justice for investigation.
Dr Busuttil had insisted that Mr Mifsud, the bidder who was awarded the contract, was not his client at the time the tender was adjudicated.
He said Mr Mifsud was only his client until a few weeks before his advice to the council.
The Sunday Times of Malta can also confirm that Mr Mifsud had won a number of tenders for garbage collection in Ħamrun when Dr Busuttil served as mayor of the locality.
Prime Minister Joseph Muscat has defended Dr Busuttil stating that he stood by his version.
A case of double jeopardy?
| October 30, 2013 | Luciano Busuttil files appeal in court on behalf of Saviour Mifsud vs Sliema Local Council. |
| December 16, 2013 | Dr Busuttil represents Mr Mifsud during first hearing in case against Sliema council. |
| January 13, 2014 | Cospicua Local Council issues tender – Saviour Mifsud bids. |
| February 3, 2014 | Dr Busuttil appears in court defending his client against Sliema council |
| February 13, 2013 | Cospicua council asks Dr Busuttil to give advice on tender. Fails to declare he was also Mr Mifsud’s lawyer. Recommends that first bidder is disqualified. Council assigns contract to Mr Mifsud. |
| February 28, 2013 | Court issues final judgment in the case Saviour Mifsud vs Sliema Local Council. Represented by Dr Busuttil, Mr Mifsud loses appeal. |