Finance Minister Tonio Fenech yesterday said the government may have to take back control of the lottery department if the courts upheld a request to halt a new call for tenders for the operation of national lotteries.

The minister took the witness stand yesterday after the current lottery operator, Maltco Ltd, disputed the issuing of a new call for tenders to replace its contract that expires next year.

Maltco had won the right to operate the national lottery for a seven-year period and this could be extended by up to a year. The extension was, in fact, granted which means the contract now runs out next July.

However, in September Maltco had taken the government to court over its decision to go ahead with fresh tenders.

The authorities went ahead with the tendering process anyway and Maltco protested, requesting a temporary injunction on December 12 against what it called an abusive and illegal step.

It argues the lottery would be handed over to someone else to run and this would effectively put it out of business.

The company wants to enter into discussions with the government but claims it is being ignored, even after sending letters to it about the issue.

Maltco also holds that the government should not get involved in the issuing of the new licence because it is up to the Gaming Authority to do so and not the Finance Ministry.

The government rebutted, through the Attorney General, that Maltco knew full well that its contract had expired. In fact, the company had retrieved a copy of the tender document to take part.

Taking the witness stand, Mr Fenech said the government may have to retake control of the lottery department if the request to stop a new call for tenders from going ahead was upheld by the courts.

A decision by Mr Justice Joseph Zammit Mckeon is expected in the coming days.