Four men have been found not guilty of defrauding and exploiting a group of Pakistani nurses employed at Mater Dei Hospital.
Raymond Bonavia, David Athwal, Frankie Agius and Stephen James Grech were accused of involvement in a criminal conspiracy to exploit and defraud the nurses, even through violence and harassment, as well as breaching employment laws.
It all began in 2011 when the Health Ministry issued a call for applications for the engagement of nurses at Mater Dei.
The call was open to both EU and third country nationals. A number of Pakistani nurses offered their services through a recruitment agency in their homeland, Deluxe Company Ltd.
A Maltese company, Chrism Services Ltd, represented by Bonavia and Athwal, was handed a power of attorney to facilitate the transfer of the successful candidates upon completion of the selection process which involved two Skype interviews organized by the Health Ministry.
The chosen candidates eventually moved to Malta where they signed a second agreement with the local agency which also offered them accommodation against payment, as well as mobile, internet and television services.
Each nurse was to fork out €3,000, paid out of their wages, a further €120 monthly rental payment and a monthly €85 management fee from the 13th month till the termination of employment.
A group of nurses complained with the local authorities that they were being charged hefty sums of money by the persons involved in their recruitment.
A nurse who felt his contract lacked sufficient formalities spoke to a friend who set up an appointment with the Police Commissioner, thereby sparking off investigations into the suspect racket.
Another nurse allegedly told investigators that Mr Athwal had told them that the money was intended to bribe officials at the visa, police and health departments to obtain the necessary work documents.
However, in the course of criminal proceedings against all four suspects, it was proved that the recruitment process had been a legitimate one.
Meanwhile, the agency contract with Chrism Services Ltd had since been terminated and the nurses were refunded relative payments made.
In acquitting the accused of fraud and engaging in a criminal conspiracy, Magistrate Charmaine Galea concluded that it could not “decipher any formal or material element of fraud,” observing that it had been one nurse who had raised issues about the contract since the contract had not been signed before a notary and under the agency’s letterhead.
There was no proof of violence, nor any conduct amounting to harassment, the court said, noting that the nurses had all agreed to the terms of the contract before arriving in Malta.
As for the charge of criminal organization, there was “absolutely no proof” of this, the court declared, adding that the accusation of conspiracy also did “not hold water.”
Regarding the charge of unlawful deductions from wages, the court observed that penalties were only applicable to employers. The relative legislation made no reference to intermediaries; a possible lacuna which effectively meant that the court could not sanction the accused in this regard.
On the basis of all evidence put forward, the court acquitted all four of the charges, finding Mr Bonavia and Mr Athwal guilty of breaching the Employment and Training Services Act by running an employment business without a licence and fining them each €200.
Lawyer Joseph Giglio was defence counsel to all four accused.