Issue link: https://maltatoday.uberflip.com/i/685221
maltatoday, SUNDAY, 29 MAY 2016 24 Opinion T he Panama Papers drama seems to have taken a sudden, rather unexpected turn. 'Unexpected', I hasten to add, by me. It might have been perfectly predictable by others – indeed it must have been, as shall soon become apparent – but for some reason, those people kept their predictions to themselves. Either way, I myself did not expect the motion to censure Keith Schembri to fizzle out so soon. That it would eventually be 'won' by Labour, I naturally took for granted… for much the same reason as its two immediate predecessors, both targeting Konrad Mizzi, were likewise doomed to fail from the outset. Parliamentary motions require parliamentary majorities to succeed; and whatever troubles may ail Muscat's government at the moment, he hasn't lost his majority… no, not even after the courts bumped up the Opposition's representation by four seats. But it was the manner of the defeat that took me by surprise. Speaker Anglu Farrugia ruled that the motion was in itself inadmissible because Schembri – as a public official appointed on a 'person of trust' basis – was not technically answerable to Parliament, according to the Constitution. The Opposition's response was to remind us all that a similar motion against Richard Cachia Caruana – another 'person of trust', appointed to a similar role – had not only been permitted by the Speaker of the time (former Nationalist MP Michael Frendo)... but evolved into a full- blown debate culminating in the removal of Cachia Caruana. Here comes the interesting part. It turns out that Farrugia's ruling is actually correct, from a strictly legal viewpoint. Whether it was ethically advisable is of course another question… but a strict reading of the law actually weighs on Farrugia's side (and that in itself doesn't happen very often: so take a moment to savour the rarity of the event). Supporting this view we have the opinion of the Dean of the Faculty of Laws, Prof. Kevin Aquilina, who commented: "It appears that a person who holds an unconstitutional appointment on a position-of- trust basis might not fall under the definition of government, understood in the wider sense, and might not be open to a motion of censure." Even more interestingly, it transpires that Prof. Aquilina had expressed exactly the same doubts concerning the motion against Cachia Caruana in 2012: "Mr Cachia Caruana was a permanent representative appointed from outside the public service and a permanent Cabinet participant," he wrote at the time. "In so far as his formal removal from office of permanent representative of Malta to the EU goes, it should be the President, in accordance with the advice of the Prime Minister, who should remove him from office. As to attendance at Cabinet meetings, this decision is essentially in the discretion of the Prime Minister and his ministers." Strangely, however, the stark truth of Aquilina's assessment had to wait until 2016 to be implemented. And what changed in the meantime? The Raphael Vassallo Trading places 9th June 2016 42/13 – 11.30am Mark Borg ID 503274M Vs Alan Briffa et EGL The tenements numbered fifty six (56), fifty seven (57) and fifty eight (58) in Triq San Gwann, Bormla, free and unencumbered, with its rights and appurtenances, valued at eighty three thousand euro (€83,000). A garage numbered seven (7) in Triq it-Tobra, Ħal-Lija, with access in Triq il-Larinġ , H'Attard valued at fifteen thousand and five hundred euro (€15,500). 9th June 2016 70/12 – 12.00pm Francis Mamo et ID 596553M Vs Pierre Falzon et ID 535060M EGL Semi detached villa number forty four (44) named Villa Fusina and underlying basement garage in Triq Ġorg Zammit, Attard free and unencumbered valued four hundred and fifty thousand euro (€450,000). 16th June 2016 46/15 – 12.00pm HSBC Bank Malta plc C3177 Vs Etienne Cini ID 432577M EM The Property named DVM Showroom officially numbered two hundred sixty four and two hundred sixty five (264/265) in Triq Fleur de Lys, Birkirkara. This property consists of a block of offices on two levels, a cellar under the ground floor level, a washroom and a roof with its airspace in the second level. The ground floor level is subject to an annual and perpetual ground rent of three Euros and eighty two cents (€3.82), and the first floor including its own airspace is subject to an annual and perpetual ground rent of seven Euros and sixty five cents (€7.65). The property is valued at three hundred and ten thousand Euros (€310,000). 23rd June 2016 48/14 – 10.30am Mary Ann Gatt et ID 96764M Vs Anthony Cini ID 474750M EGL The appartment internally marked number four (4) forming part of a block of eight apartments situated on the second (2) floor officially numbered one hundred and thirty one (131), in Triq San Pawl corner with Triq San Duminku, Valletta overlying and underlying other third parties apartments in the same block, hall, stairwell with common lift, washroom, common roof with the other apartments in the same block, free and unencumbered valued at one hundred and sixty thousand euro (€160,000). 23rd June 2016 113/12 – 11.00am Gaetano Bonnici ID 706457M Vs Jason Vella ID 57079M EGL Maisonette with no official number named 'Dar il-Palma' situated at elevated ground floor in Triq Vinċenzo Ciappara, Mellieħa corner with Triq il-Luħ, Mellieħa, free and unencumbered, with all its rights and appurtenances valued at one hundred and five thousand Euro (€105,000). Garage with no number and name, accessible from Triq Triq Vinċenzo Ciappara, Mellieħa, underlying the maisonette with no official number named 'Dar il-Palma' subject to annual and perpetual ground rent of six Euro and ninety nine cents (€6.99) subject to the active and passive servitues resulting from its position valued at fifty eight Euro (€58,000). 28th June 2016 6/14 – 10.30am HSBC Bank Malta plc C3177 Vs La Palma Imports C 20394 PP (I) Seven undivided shares of the common parts of the block named 'Dorset Apartment' in Triq il-Kbira, Balzan, which block is built on a site previously occupied by two properties, number two hundred and eighty one (281) named 'The Bungalow and number two hundred and eighty two (282) named "The Crag', which block consists of nine (9) garages (with access path from the same road numbered two hundred and eighty one (281)), five apartments and maisonettes (with access path from the same road numbered 282). The common that parts should be included in the sale include entry, entrance, stairs, the stairwell, the landings, ducts, drainage system, the lift and the well-lift service shafts, but not the roof and airspace of the block. Each one seventh part (1/7) of property is eleven thousand four hundred and twenty euro (€ 11,429). (Ii) Nine undivided shares of the common parts of the garages in 'Dorset Apartment' in Triq il- Kbira, Balzan underlying the block as described above. Each share of a one car garage is valued at four thousand, six hundred and fifteen (€4615). Each share of a two car garage is value at nine thousand, two hundred and thirty (€9230). Further details can be obtained from the website: http://www.justiceservices.gov.mt/courtservices/JudicialSales/search.aspx The bidders taking part in the auction must present their identity card. Rudolph Marmara' For the Registrar of Civil Courts and Tribunals COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in the corridors of the Courts of Justice, Republic Street, Valletta. Date and Time Judicial Sale No Property 2nd June 2016 65/14 – 10.30am Gerald Buhagiar ID 763359M vs Aaron Schembri ID 101584M JGL The tenement numbered one hundred and two (102), named 'Whistle' in Triq Santa Marija, Ħal Tarxien including its airspace subject to annual and perpetual ground rent four euro and sixty six cents (€4.66) valued at one hundred and fifty thousand (€150,000). 2nd June 2016 67/14 – 11.00am Dr. J.Ellis ( Mandatarju) ID 21763G vs Deborah Fenech De Fremaux ID 186876M PP Quarter of an undivided share of apartament numbered three (3), Kingstown Flats in Triq Testaferrata, Gżira valued at eleven thousand Euros (€11,000). Quarter of an undivided share of apartament numbered four (4), Kingstown Flats in Triq Testaferrata, Gżira valued at fifteen thousand, five hundred Euros (€15,500). Quarter of an undivided share of apartament numbered five (5), Kingstown Flats in Triq Testaferrata, valued at twelve thousand Euros (€12,000). Quarter of an undivided share of apartament numbered six (6), Kingstown Flats in Triq Testaferrata, Gżira valued at seventeen thousand Euros (€17,000). 2nd June 2016 80/14 – 11.30am Bank of Valletta plc C 2833 vs Tarek Badawi et ID 20838A EGL Apartment internally marked number three (3) on the second floor,overlaying another property forming part of a block of nine apartments,which block is without official number ,named Midbay Flats in Triq il- Mazzola ,San Pawl il- Baħar. Included with the apartment there is one ninth (1/9) of the common parts of the block which consists of a hall and entrance to the common stairs and the uninterrupted use of the mentioned common parts.The apartment is subject to an annual,perpetual and revisible ground rent of twenty six Euros and fifty five cents(€26.55). The apartment is free and unencumbered with all its rights and appurtenances, valued one hundred and fifteen thousand Euros (€115,000). 2nd June 2016 67/15 – 12.00pm Christopher Camilleri et ID 594283M vs Pierre Spiteri ID 354771M PP The stable officially marked with number thirteen (13) in Aloisio Street Qormi , partly underlying the property of third parties , free and unencumbered , with all its rights and appurtenances , with vacant and guaranteed possesion,valued at fifty-five thousand Euro(€55,000) Ground floor property including its airspace , officially marked number one hundred and one (101) known by the name of Carmen House , situated in Upper Cross Road in Marsa, subject to a perpetual annual rent of eleven Euro and sixty four cents ( € 11.64 ) , with all its rights valued at seventy thousand Euro ( € 70,000 ) 9th June 2016 36/13 – 10.30am HSBC Bank plc C3177Vs Carmel Spiteri ID 46150G EM Tenement officially numbered forty seven (47) in Triq Santa Marija, Xewkija, Gozo with a holding pen for farm animals valued at one hundred and eighty six thousand euro (€186,000) free and unencumbered. Penthouse internally marked number twelve (12) situated at fifth floor (5) cioe' fourth floor level, forming part of a block of apartments unnumbered named 'Salinas Park' in Triq il- Fugass, Qawra limits of St. Paul's Bay without its airspace overlying third party property and includes its relative share of the common parts of the same block and excluding the roof but with the right of access to install and maintain water tank, common satellite dish and its diameter does not exceed one (1) meter or common television aerial with all its right and appurtenances valued at two hundred and fifty thousand euro (€250,000) free and unencumbered. Garage internally marked number nine (9) at the level minus 2 (-2) forming part of a block of twenty three garages underlying block of flats 'Salinas Park' inTriq il-Fugass Qawra limits of San Pawl il-Baħar with common access in Triq il-Fugass Qawra limits of San Pawl il-Baħar includes an undivided share with the other co-owners of the drive valued at eighteen thousand euro (€18,000) free and unencumbered. COURT NOTICE The Registrar of Civil Courts and Tribunals informs that the Civil Court, First Hall ordered the following sales by auction: Date and time Place Items 8th June 2016 10.00am - 24/15 Cassar Camilleri Marketing Ltd. C20060 vs Claudio Bugeja. ID 420279M EM 149, Triq Id- Dejqa, Il-Belt Valletta White Sofa, two CD's of the make Samsung, DVD of the make Panasonic, LCD of the make Samsung, Synthesises of the make Yamaha and Heater of the make Simba. 8th June 2016 12.00pm - 32/11 Brian Cutajar Noe 227379M vs Salvatore Cutajar ID 375142M JGL First Floor , Law Courts, Republic Street, Valletta One hundred (100) ordinary shares within the company S.C. & Company Limited C-6050 15th June 2016 10.00am - 2/16 Michael Attard Limited C32362 vs Godwin Schembri ID 329848M EM Citroen Yard, Notabile Road, H'Attard Vehicle of the make Rexton brown in colour with the registration EBO 067. Vehicle of the make Rexton white in colour with the registration ACA 671. Vehicle of the make Rodius grey in colour with the registration JBO 516. Vehicle of the make KIA Sedona blue in colour with the registration number KIA 101. 22nd June 2016 10.00am - 20/15 Star Fruit Limited C17985 vs Antonio Briffa et ID402078M EM Rcc Yard', Triq Iċ-Ċimiterju, Ħal Għaxaq Televisions, DVD's, Picture Frames, Chandeliers, Sofa, Fan, Wardrobes, Chest of Drawers, Computers, Printer, Airconditioners, Heater and other various items and Vehicle of the make Citroen Saxo with the registration number FBJ 382. 27th June 2016 10.00am - 5/16 Tizian Tabone 81286M vs Buz-Dov Developments Limited C25647 EM Sqaq Il-Mudurbu, l-Imqabba Truck of the make Bedford blue in colour with the registration number JAF 475. Shovel Digger CAT Series Number 75A4424 yellow in colour. Van Toyota blue in colour with the registration number LCN 879. Truck Ready Mix of the make Astra blue in colour without registration number. Van Toyota Pick Up red in colour with the registration number HBG 336. Further details can be obtained from the website: http://www.justiceservices.gov.mt/courtservices/JudicialSales/search.aspx The bidders taking part in the auction must present their identity card Rudolph Marmara' For the Registrar Civil Courts and Tribunals