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6 maltatoday | SUNDAY • 21 JULY 2019 NEWS Judge wants AG to close evidence by end of the year CONTINUED FROM PAGE 1 Portelli and Cassar were also charged with complicity to trading in influence in public tenders and money launder- ing. But although proceedings began with great momentum, this soon dwindled and no progress was registered in the case for six whole years. On 7 March 2013, the prose- cution began summoning wit- nesses, with the court hearing 16 witnesses by January 2014. By March 2014, a year into the proceedings, the prosecution informed the court it had to send some letters rogatory to Switzerland. So the compila- tion of evidence had to be sus- pended. But Portelli and Cassar de- manded that witnesses con- tinue to be heard whilst the court awaited the response to the letters rogatory. In November 2014, after some responses were received, the acts of the compilation of evidence were sent to the AG. But despite the compiling magistrate's order that pro- ceedings continue, the prose- cution brought "absolutely no substantial evidence, besides one witness…" after that. A sitting in May that year saw co-accused Tancred Tabone and Frank Sammut testify, but this testimony was inadmissi- ble as they are co-accused in a related case. Mr Justice Joseph Zammit Mckeon, presiding the First Hall of the Civil Court in its Constitutional jurisdiction, noted that during the period between May 2015 and Janu- ary 2019, 22 sittings were held in which practically noth- ing was done, after which the prosecution declared in no uncertain terms that it was not going to declare its evidence closed before Frank Sammut testified. The end result is that the case has been stuck for six years. By law, Frank Sammut cannot be brought to testify in favour or against the other accused person until proceedings in their regard are concluded, be- cause he faces amongst other things the same charges as Portelli and Cassar, as an ac- complice or co-principal. Proceedings against Sam- mut are also ongoing since 2013 and are still in the pros- ecution's evidence stage. "This means there is no hope that the proceedings against [Por- telli and Cassar] will be con- cluded in the near future," the pair argued. The pair claimed that their right to a fair hearing under the European Convention on Human Rights was being breached, as was their right to property, the latter due to a freezing order over all their assets. They asked that the court de- clare proceedings null as the AG did not want to declare his evidence closed. Alternatively, they asked that the court force the AG to send the acts back to the court of magistrates in short order and cancel the freezing order over their as- sets. The AG denied using delay- ing tactics and argued that it was prosecuting "responsibly and with care". Waiting for the conclusion of other criminal proceed- ings was not abdicating its re- sponsibility to prosecute with good speed, it said. The law provided a mechanism which prevents excessive hardship to those struck by freezing orders, added the public pros- ecutor. Mr Justice Joseph Zammit McKeon said that after de- liberating on the matter for a long time, he found a viola- tion of the right to a fair hear- ing. "It is most clear and manifest that the reasons for the delay were due to shortcomings by the defendant (AG) and the way in which the prosecu- tion of the applicants is being conducted. It does not emerge that the delays were due to the actions of the plaintiffs. Nei- ther of the court." The prosecution had started well and with great momen- tum, but as the months and years passed it started to fall behind in what would be ex- pected in such a sensitive case, Zammit McKeon said. "The principle should be that the rule of law is the same for everyone." The court went further, how- ever, singling out the fact that the letters rogatory had taken an inexplicable 11 months to be sent and arguing that the police were legally obliged to know the evidence against the accused before prosecuting. The fact that the prosecuting police inspector was changed twice during the proceedings was not acceptable in view of the facts and circumstances of the case. "If there was a need for evi- dence of the glaring and gross shortcoming by the prosecu- tion, there is the reply by In- spector Stivala, when asked whether new letters roga- tory had been sent in the case against Frank Sammut," said the court. The witness had re- plied that they weren't yet sent as there were acts that still had to be scrutinised and that only one person was involved. The point of freezing orders was not to oppress the wealth of the accused but to ensure that until the case is decided there is no illicit gain, said the court, ordering the case to continue before the Court of Magistrates but not to revoke the freezing orders. It also or- dered the AG to close his evi- dence in this case by not later than 31 December this year. magius@mediatoday.com.mt Francis Portelli (left) and Tony Cassar (right) are also charged with complicity to trading in influence in public tenders and money laundering. Below: Frank Sammut and Tancred Tabone MINISTRY FOR THE FAMILY, CHILDREN'S RIGHTS AND SOCIAL SOLIDARITY Call for Offers The Procurement Section, Saint Vincent de Paul Long Term Care Facility, notifies that:- Sealed offers will be received at the Procurement Section, Saint Vincent de Paul Long Term Care Facility, Florence Nightingale Street, Luqa until 10:00 a.m. of Friday 2 nd August 2019, for:- SVP 1283 – Negotiated Procedure for the Provision of Environmentally Friendly Cleaning and Ancillary Services in an Environmentally Friendly Manner to Saint Vincent de Paul Long Term Care Facility. Documents can be obtained by sending an e-mail request to the following e-mail address: svpr-procurement.mfcs@gov.mt The Contracting Authority reserves the right to refuse in part or in whole any or all of the offers submitted, including the most advantageous. Late submissions will not be considered. Letter of Intention Mr Paul Francis Conway and Mr Owen Neil Goodhead of Qualitair Aviation Malta Ltd., declares their intention for the Company to reg- ister for an Employment Agency licence in accordance to article 23 of the Employment and Training Services Act, 1990 (Act XXVIII of 1990). The activities proposed to be carried out are the following: 1) Recruitment Consultancy 2) Interviewing, selection and placements of candidates in employ- ment 3) Recruitment of persons from abroad to employment in Malta or in an EU member state 4) Recruitment of persons in Malta for employment in Malta or in an EU member state 5) Advertising of the filling of vacancies 6) Keeping a register of applicants for employment Official Registered Office Address. Level 1 Malta International Airport Luqa LQA 4000 Malta. Company Registration Number: C92046