Issue link: https://maltatoday.uberflip.com/i/1146457
7 maltatoday | SUNDAY • 21 JULY 2019 MATTHEW VELLA THE accounting firm Deloitte has been refused a second chance to appeal a case that found it had acted negligently in the way it had audited the Price- club supermarket chain, which ran aground with millions in debts. Deloitte has been twice re- fused its right to file a new ap- peal against a decision that found it had acted negligently in its accounting duties, in a case brought against it by foodstuffs company Valle del Miele. The firm had been used by Valle Del Miele Ltd in 2001 for work in connection with the Priceclub chain of supermar- kets, which that same year went bankrupt with millions in un- paid credit from suppliers. In 2003, the courts declared that Deloitte had been negli- gent in connection with the work carried out for Priceclub Operators. Deloitte appealed, but in 2004, the Court of Appeal ruled that the appeal was inadmissable as it had not been filed within the legal time limit – 20 days from the date of the judgment and not within 20 days from the au- thorisation to appeal. Deloitte then filed a constitu- tional case in the First Hall of the Civil Court in its constitu- tional jurisdiction, claiming the Appeal Courts' decision had violated its fundamental human right to a fair hearing. In 2006, that court ruled in Deloitte's fa- vour. Subsequently, the Attorney General appealed to the Con- stitutional Court, which in turn overturned the previous court's ruling in 2007. So, Deloitte partners Raphael Aloisio, Malcolm Booker, Steve Cachia, Edward Camilleri, An- drew Manduca, Paul Mercieca and Stephen Paris took the decision to Strasbourg, where in 2011 the ECHR found that their rights had been breached, ordering that compensation of €6,000 is paid to them. The ECHR found they had suffered a breach of fair hearing. However, Deloitte filed a new case based on the ECHR's find- ings in 2013, requesting that the Maltese courts grant them the power to appeal the Valle del Miele decision. But both the First Hall of the Civil Court constitutional jurisdiction in 2017, and later the Constitu- tional Court, refused Deloitte's request. "This court considers the is- sue of the preliminary appeal's refusal as having been definitely closed once the ECHR's sen- tence was delivered in 2011. The execution of the sentence was carried out once the Mal- tese state paid the compensa- tion," the Constitutional Court declared in its decision earlier last week. Originally, the courts had upheld an action by foodstuffs company Valle Del Miele Ltd (VDM) against De- loitte and its part- ners. VDM was owed over €350,000 by the bankrupt Price- club supermarket for merchandise sold to the supermarket. De- loitte had been en- gaged to carry out an audit for Priceclub on the basis of audited accounts from 2000, a year before the supermarket chain went belly-up. VDM accused Deloitte of having portrayed an optimis- tic picture of Priceclub's busi- ness without indicating that the supermarket had financial difficulties, and on that basis decided to continue to supply merchandise to Price Club. Despite the published ac- counts, Priceclub stopped pay- ments to its creditors in April 2001, owing millions to various suppliers. VDM claimed Deloitte had acted in a negligent or fraudu- lent manner when it prepared Priceclub's accounts, and that its partners were liable in dam- ages, claims that Deloitte cat- egorically denied. But the court ruled that the accountants had a duty of care to their direct employers as well as to any third party to whom they themselves showed the ac- counts. The court also said VDM itself had not taken necessary precau- tions before deciding to extend credit to Price Club, despite be- ing aware that Priceclub had fi- nancial problems. So the court found that Deloitte had acted in a negligent manner but they had not caused VDM to suffer damages. NEWS The Founda on for Tomorrow's Schools (FTS), responsible for new school building and school renova on in the state sector, is searching for a to deliver the vision, mission and strategic objec ves of the Founda on. The selected candidate will guide and provide oversight of all FTS opera ons and assure quality of service; manage performance and overall resources; set and integrate strategy and direc on; and guide the FTS towards long-term success. The CEO shall have overall responsibility for the Founda on and ensure effec ve management structures. As the highest-ranking official, the successful candidate will need to promote a strong work culture, vision and values and provide visible and inspired leadership. Key responsibili es • provide overall direc on; effec vely manage, promote and implement the organiza on's aims and objec ves; and develop the Founda on's growth plan; • ensure that the opera ons and ac vi es of the FTS are driven firmly and fully aligned with strategic policy objec ves of the Ministry for Educa on and Employment as its main client; • raise and maintain the quality of service provision; and • lead, guide and direct the senior execu ve team of the organiza on; mo vate subordinates and advance employee engagement. Requirements and skills • bachelor's or master's degree in a relevant discipline or MBA; • proven experience in a senior management posi on, with experience in the public service considered an asset; • goal driven and with a proven track record for effec ve team management and a high level of interpersonal, organiza onal and leadership skills; • in possession of a strategic mindset; and • ability to work under pressure and meet deadlines. Candidates are to submit their applica on, including their C.V., to Chairperson, Founda on for Tomorrow's Schools on michael.c.sant@gov.mt by not later than 31 July 2019. Jobsplus Vacancy Permit No: 480/2019 Chief Execu ve Officer (CEO) Deloitte loses bid for Priceclub negligence appeal