Updated at 7.30pm with PN statement
Government objections to a civil lawsuit filed by the Opposition leader calling for the deal between the government and Vitals Global Healthcare to be rescinded have been rejected.
This means that the case will now proceed before the First Hall, Civil Court.
The suit had been filed by Dr Delia against Prime Minister Joseph Muscat, the Attorney General, Malta Industrial Parks and VGH calling for Karin Grech, St Luke’s and Gozo hospitals to be given back to the people because contract conditions had not been respected.
The Prime Minister, the AG and the Lands Authority had raised a preliminary plea claiming that the suit was inadmissible since it could only have been filed up to the date when the final deed was signed.
However, Dr Delia’s lawyers had countered that this argument fell within the merits of the case and was not to be tackled as a preliminary plea.
The case had then been put off until the appeal was settled.
The court of appeal, presided over by Chief Justice Joseph Azzopardi and Mr Justices Joseph R Micallef and Tonio Mallia agreed with the First Court that this was a ‘particular case’ and one of ‘national importance.’
The decision of the first court to first hear the case on the merits before deciding upon the preliminary pleas was to be respected since it fell within the discretion afforded to each judge when hearing a case.
It was an expression of that power and duty in the best administration of justice, the Court of Appeal declared.
Victory for all people of goodwill - PN
In a statement, the Nationalist Party said this was another significant victory not just for the Leader of the Opposition, but for all people of goodwill in this country who could not continue to stomach the unbridled greed, sleaze and corruption which had become this government's hallmark.
The Government's decision to give three hospitals to Vitals, a company with no experience in the healthcare sector, was 'the wrong deal' which was also confirmed by deputy Prime Minister Chris Fearne when he described the new deal with Steward as 'the real deal'.
Nationalist Party leader Adrian Delia welcomed the ruling."This is a victory in the battle to return three hospitals which were given away for nothing to people with no experience in the health sector, back to the government," he said.
Dr Delia was assisted by lawyers Jason Azzopardi and Edward Debono. Lawyer Victoria Buttigieg from the Office of the AG was counsel to the prime minister, lawyer Stefano Filletti to the Lands Authority, lawyer John Bonello to Malta Industrial Parks and lawyer Adrian Meli to VGH.
Effective rule of law - PL
In an another statement, the Labour Party said that Dr Delia seemed to respect the court only when decisions were taken in his favour as he had been attacking the court and Malta's judicial system for the past weeks.
His statement after Friday's court decision was confirmation of a rule of law that functioned, the PL said.
Government respects decision
In another statement, the government said that the appeal was on a technical point which did not require the presentation of proof so one could not accuse the government of delaying it.
The government respected the Court's judgement and would not praise or attack the court according to what suited it, like the Opposition did.
It that the Opposition leader had praised the court's decision but he had been attacking the institution up to last Sunday.