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6 maltatoday | SUNDAY • 27 MARCH 2022 OPINION 2 maltatoday EXECUTIVE EDITOR Matthew Vella mvella@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 26 FEBRUARY 2023 The ball is in Abela's court Editorial THE hospitals privatisation deal had to be a flagship project of the Muscat administration. It would see the private sector invest in a new state- of-the-art general hospital in Gozo, refurbish St Luke's and Karin Grech hospitals, and attract medical tourism to Malta. The state would fork out millions of euros over the years to finance workers' wages and purchase beds for its own use but the positive side of this deal, it was claimed, was that private sector funds would be used to build the Gozo hospital, upgrade St Luke's and Karin Grech, and medical tourism would be a niche market the economy would benefit from. The concession agreement with Vitals Global Healthcare was signed at the end of 2015 and trans- ferred to Steward Healthcare in 2018. Today – eight years, two administrations and a dif- ferent concessionaire later – Gozo is without a new hospital, medical tourism is not a thing, St Luke's re- mains in the same sorry state and government keeps dishing out millions of euros to the private operator. Had it just been a question of failure by the private operator to fulfil its contractual obligations such a saga could have been brushed off as an exercise of colossal incompetence. But the hospitals saga is much, much more than that and one with serious criminal implica- tions. It represents a dark space where people in power col- luded with obscure private interests to the detriment of the public good. This is what Mr Justice Francesco Depasquale ruled last Friday in a judgment that not only annulled the deal but lambasted Vitals, Steward and the govern- ment. The court did not mince its words, attributing "fraudulent intent" to Vitals, describing Steward's machinations as "solely blackmail and unjustified enrichment", calling the concession milestones "a complete farce", casting doubt on Steward's good faith, and pillorying government for its "amateurish checks" before the contract was signed. Depasquale's ruling came after the National Au- dit Office in July 2020 published the findings of its investigation into the tender award to Vitals Global Healthcare. The NAO had confirmed what journalists, including the slain Daphne Caruana Galizia, and health sector players had long been saying about the conces- sion agreement. The NAO's damning report found collusion between Vitals and government on the hospitals deal, going as far as describing it a "predetermined" agreement. The NAO pinned the lack of governance in the award of the tender on Konrad Mizzi, who had been health minister at the time. The NAO also flagged lack of due diligence on the private company that was eventually awarded the tender and found that a feasibility study of the project was a superficial exercise. In short, Muscat's administration had already made arrangements with the investors who eventually formed VGH and the tendering process was just a sh- am intended to give the deal a veneer of respectability. Eventually, VGH failed to deliver and government steadfastly refused to terminate the deal. The saga reeked of corruption. Millions from public coffers were entering a black hole, feeding the pockets of God knows who. And when the concession was eventually sold to Steward Healthcare, in one of his final acts before re- signing as minister, Konrad Mizzi signed off on a side letter in 2019 guaranteeing Steward a termination ben- efit of €100 million, even if a court cancels the contract. The court has ruled this side agreement was part and parcel of the deal, thus striking down not only the concession agreement but all its side agreements. It also ordered that the three hospitals be returned to the government. In the face of all this, Prime Minister Robert Abela's government could only offer a meek reaction. In a two-line statement the government only said it will be studying the judgment. And while former prime minister Joseph Muscat shifted responsibility onto all his Cabinet, he insisted his government followed all legal advice it was given. He did not say whether the legal advice included that of Robert Abela, who was then an advisor to Muscat and also attended Cabinet meetings. Health Minister Chris Fearne said the judgment absolved him because prior to 2020, all contractual decisions on the hospitals concession continued being made by Konrad Mizzi even when he stopped being health minister. It is evident that the court judgment has serious political ramifications. On the one hand, it is a damn- ing indictment of the Muscat administration and all those who kept defending the hospitals deal. But on the other hand, it offers Abela the opportunity to sever all ties with his predecessor and cast his administration in a new light. At first instance the Prime Minister has a duty to explain what part he played in the hospitals concession deal, if at all, between 2015 and now. The public has a right to know. At second instance, he has a duty to take all neces- sary steps to ensure the judgment is respected and legal action started to recover public funds spent on this fraudulent deal. At third instance, Abela should ensure the organs of law and order take any action deemed appropriate to bring anyone who acted in a criminal way on this deal to justice. At fourth instance, the Prime Minister owes the pub- lic an honest apology for the mortal sins committed by his predecessor's administration. The ball rests squarely in Abela's court. This leader hopes the Prime Minister makes the choices that are in the country's best interest. 24 February 2013 Head of Security Service to face criminal charges after MaltaToday probe POLICE Commissioner John Rizzo has con- firmed that former Assistant Commissioner Godfrey Scicluna, who presently is the Head of the Malta Security Services, will be facing criminal charges. He only confirmed this after MaltaToday brought the incident to his atten- tion. Scicluna suspended himself over the allega- tions after the MaltaToday probe. The office of the Prime Minister yesterday said. "He has suspended himself from service until the procedures concerning the allegation of his involvement in the accidental and involuntary traffic incident." Scicluna is accused of having caused griev- ous bodily harm to an elderly man whom he ran over while driving. The commissioner last week confirmed to MaltaToday Sciclunas in- volvement in the car accident, which occurred in June 2012. The elderly man was rushed to mater Dei Hospital and underwent emergency medical treatment. Rizzo was asked my MaltaToday why no action has been taken against the Security Service chief Godfrey Scicluna as a result of this serious accident. Rizzo said he was not aware that Scicluna had been involved in an accident until Malta- Today raised the incident. The Security Service has been at the heart of high-profile investigation s, such as the phone tapping that led to the criminal charges for bribery against disgraced judge Ray Pace, but also recordings of former EU Commissioner John Dalli and businessman Silvio Zammit, who is being charged for bribery in the EU snus investigation that forced the resignation of Dalli. The MSS employ a unified legal intercep- tion system by Israeli firm Verint, to tap and record telephonic conversations by mobile and fixed line providers, which finance the interception system through annual fees. Apart from the Security Service, the police cybercrime unit at Floriana headquarters is also equipped to tap phones but does not fall under the Security Service. ... Quote of the Week "This is the Malta we want. Let us believe in justice, in the institutions. The fight for good, will always win." Opposition MP Adrian Delia after a court ruled in his favour and cancelled the Steward hospitals deal MaltaToday 10 years ago