The Mistra disco case returned to the law courts today, with the lawyer representing the former Acting CEO of the Malta Tourism Authority insisting that his client had not written any false report regarding the proposed development.
George Micallef stands accused of having written a false report in October 2007 so that the proposed development of an open air disco on land owned by Jeffrey Pullicino Orlando, could go ahead.
Dr Giglio told Magistrate Marseann Farrugia that the last four years had been traumatic for Mr Micallef.
It should not be Mr Micallef to prove his innocence, but it should be up to the prosecution to prove his guilt. However his client was not guilty of drawing up a false report, and every witness for the prosecution had shown this. They had also shown that the report was not incorrect.
Sam Mifsud, the former chairman of the MTA, had also declared, publicly and in court, that he stood by the report.
Dr Giglio gave a timeline of the case and explained how Mr Micallef was involved.
He said that the application for the development of the disco was filed in September 2005. In October of that year, Mepa informed the developer, Paul Camilleri on behalf of Dominic Micallef, that they had to get clearance from the MTA and needed a Tourism Compliance Certificate for the application to be considered any further.
The compliance certificate was issued.
In March 2006 Daniella Agius, the Mepa case officer, in her report to Mepa's Development Control Commission A, recommended a refusal of the development application.
In May 2006 Mr Micallef, who had his own consultancy firm, was approached by Dr Pullicino Orlando, who told him that somebody would seek his advice regarding tourism policy, because that was his area of expertise. He did not go into detail and did not inform him that he was the owner of the land in Mistra.
Dr Giglio said that the developer then approached Mr Micallef and the report was drawn up.
At this point in time, Dr Giglio said, as far as Mr Micallef was concerned, the report was drawn up so that it could be presented to the MTA to be used to issue the tourism compliance certificate. Mr Micallef did not work for the MTA at the time.
In 2007 the MTA submitted its own application to Mepa for the upgrading of Mistra Bay with new pavement and benches, among other features. In that same year, Mr Micallef was also appointed a part-time adviser for the MTA.
Dr Giglio said there was nothing wrong in this and he was never barred from having his private consultancy firm. He gave advice on the rehabilitation of various sites which the governemnt wanted to carry out in association with the private sector.
In September 2007 the Development Commission met and wanted to know if there were other projects regarding Mistra in conjunction with the MTA proposal to upgrade the bay.
A meeting was held between Lawrence Vassallo, the Mepa liaison officer, Dr Pullicino Orlando and Mr Micallef. The MTA was asked to draw up a report confirming that the proposed disco fell within tourism policy for the bay in view of its upgrading.
Mr Micallef asked for this request to be put in writing and sent to the MTA.
Dr Giglio said that his client had worked with another man in the MTA, Mario Attard, who was the head of product planning, such as beach upgrading.
Dr Pullicino Orlando had asked George Micallef for this confirmation from the MTA policy to be done quickly. Mr Micallef and Mr Attard were at the time scheduled to go to Zurich for a tourism conference. Mr Micallef told Mr Attard that he was familiar with the area and would therefore draw up the report quickly. The report was then sent to MTA employee Marica Bugeja with instructions to sign on Mr Attard's behalf and send it on. This was practically the same report which Mr Micallef had written the year before.
Dr Giglio said the court had two options, either to find his client not guilty and stop the process, or to find him not guilty and also to call for investigation into how this case was handled.