Logistical obstacles hampering criminal proceedings involving the daughters of former EU Commissioner John Dalli appeared to have been surpassed on Thursday, with the court upholding a request for the two to be tried separately since health problems are making it difficult for other co-accused to show up in court.
Criminal charges were issued more than a year ago against Louise Dalli and Claire Gauci Borda, alongside foreign nationals Eloise Marie Corbin Klein, Charles Ray Jackson, Elizabeth Jean Jackson and Robert Mitchell McIvor.
But no progress was made since then on account of health issues afflicting the four foreign co-accused. All six were charged over allegations of money laundering, misappropriation of funds, fraud, making a false declaration to a public authority and the falsification and use of documents.
Read: John Dalli's daughters appear in court on fraud charges
Ms Gauci Borda stands separately charged with breaching the Money Laundering And Financing Of Terrorism Act and with failing to carry out her professional duties as an accountant and auditor.
Over the past months, one of the co-accused, Robert Mitchell McIvor, passed away, while the health of the other foreign co-accused deteriorated. Their lawyer Arthur Azzopardi informed the court that Ms Jackson had survived a stroke, while Ms Corbin Klein had mobility problems which meant both were impeded from being present in court.
Mr Jackson has also began to show signs of serious health problems.
While the court, the prosecution and the parties’ lawyers sought to solve the impasse, lawyers Stefano Filletti and Stephen Tonna Lowell, assisting the Dalli siblings, insisted upon the separation of proceedings to pave the path to a speedier course of justice.
When the joint proceedings resumed on Thursday, the court, presided by Magistrate Aaron Bugeja declared that in view of an application by the Commissioner of Police, requesting a separation of the proceedings and since the defence lawyers did not object, the request was being upheld by the court.
The court declared that criminal action is to be taken firstly against Ms Gauci Borda and Ms Dalli, secondly against Ms Corbin Klein and thirdly against Mr Jackson and Ms Jackson, with fresh charges being issued respectively.
Having also been presented with a copy of the death certificate of Mr McIver, the Court declared that in this respect “the criminal action is to be deemed extinct.”