Issue link: https://maltatoday.uberflip.com/i/1219206
14 What is the Giuspatronato of Sant Anto- nio dell Navarra? Since 1675, large parts of Qala and, osten- sibly Nadur, formed part of the Giuspatro- nato of Sant Antonio delli Navarra – a sort of foundation for the lands owned by the noblewoman Cosmana Cumbo Navarra. The so-called 'jus patronatus' is a right of patronage in Roman Catholic canon law where a set of rights and obligations is conferred upon a patron in connection with a gift of land, or the 'benefice'. This right of patronage is subject to ecclesias- tical legislation and jurisdiction as well as civil laws relating to the ownership of property. Since the 17th century, the foundation had to be administered by the male heirs of the Stagno Navarra family and impor- tantly, by a 'rector' or cleric appointed by the Maltese Archbishop. But this is where the Gozitan drama be- ing witnessed today had its origins. Things came to a head in 1989 with the death of the priest Francesco Saverio Bianco, the 'rector' of the benefice who administered the lands. With his death, Richard Stagno Navarra of St Julian's came forward – claiming to be the rightful owner as laid down in the Cumbo Navarra lineage – demanding that the Archbishop appoint him as the 'rector' of the founda- tion. Archbishop Joseph Mercieca denied the request, insisting that the role had to be fulfilled by a cleric, according to the foun- dation's own strict rules. Undeterred, Stagno Navarra ignored the archbishop's decree, and in 1992 signed off a tract of land of 126,000sq.m, known as 'tal-Vardati' to the company Berracimp Properties and its shareholder Jimp Ltd, on a 150-year emphyteusis for just Lm500 a year. Stagno Navarra and the court scandal Berracimp at the time had three owners: the late Gozo businessman Joseph Vella, lawyer Carmelo Galea, who was then le- gal advisor to the Gozo bishop and is still active in the current lands saga, and then magistrate Dennis Montebello (now re- tired judge). Montebello is still a company shareholder. Stagno Navarra's next step was to file a court case asking to be recognised as the holder of the Giuspatronato, which he did by filing the case in the Gozo courts – de- spite not living in Gozo. His lawyer was Carmelo Galea himself. Indeed, those doors were flung wide open: within the space of just 24 hours, magistrate Carol Peralta obliged by recog- nising Stagno Navarra as the rector of the Giuspatronato. The decision sparked controversy not least for its hastiness, because Peralta de- nied the archdiocese the right to be heard. Whether Peralta knew his decision was benefiting a colleague on the bench, is a moot point. The archdiocese – under both bishops Mercieca and later Paul Cremona – chal- lenged that decision, cognisant of the ma- noeuvres to outsmart the Church's duty to administer the foundation. Church victory and then, capitulation The Church finally won the case on ap- peal in 2013, with the Chief Justice recog- nising the archbishop's right to nominate the rector to administer the foundation. At that point, the Church was the uncon- tested administrator of the foundation, a role which also meant it had to mount legal challenges against abusive rock-cut- ting taking place on the contested land. The land includes a quarry at the edge of the cliffs of Qala, which is run by Gatt De- velopments. The same company formed the Kalamarine consortium, which has attempted to convince the Labour admin- istration to allow them to turn the quarry into a cruise liner terminal. Yet just four years later after the court victory, the Church under archbishop Charles Scicluna would relent, and for a price, appointed a rector to the liking of both Berracimp's owners as well as the Stagno Navarra family. In an unexpected turn of events, Sci- cluna agreed to appoint as rector of the Abbazzia dell Navarra giuspatronato the lawyer Patrick Valentino. He is known as the lawyer who had represented the MSSP clerical sex abuse victims in negotiations with the Maltese Church for compen- sation; as it happens, at at the time time of writing he is also the partner of Den- nis Montebello's daughter, the magistrate Rachel Montebello. maltatoday | SUNDAY • 8 MARCH 2020 NEWS PRIME Minister Robert Abela on Thursday made an unexpected visit to residents in a Nadur, where a business group that includes the Stagno Navarra family, for- mer magistrate Dennis Montebello, and the lawyer Carmelo Galea, is registering vast swathes of land they claim is part of an ancient fief. The Stagno Navarra family has taken control of what is called a giuspatrona- to – a familial privilege granted by a Catholic bishop – to the noble family of Cosmanna Navarra, centuries ago. MaltaToday has reported extensively on the effects of the ownership of these lands, on residents in Qala. Crucially, the Stagno Navarra regained control of the giuspatronato, which administered vast swathes of lands in Gozo, after paying off the Maltese arch- diocese to relinquish control from the clergyman who controlled it. Parliamentary secretary for lands Alex Muscat has confirmed that the Stagno Navarras and their business associates have registered over 27,500sq.m of land in Gozo in the name of the Benefice of Sant' Antonio delli Navarra, as the gius- patronato is called. Patrick Valentino, the lawyer, is its official representative. But what is the story behind the way this business group has taken control of lands in Qala, and in Nadur? The lands belonging to the Giuspatronato of Sant Antonio dell Navarra in Qala, a 'foundation' for the lands bequeathed by the noble Cosmana Cumbo Navarra for the male descendants of her family line (top) Left: Charles Scicluna was archbishop when the Diocesan Finance Committee decided to dispense of the benefice by appointing Patrick Valentino as rector, after the Carravan shareholders paid the Church the sum of €200,000 Explained Gozo land grab Aerial shot of Nadur, where residents say their properties are being registered by Carravan Ltd