Issue link: https://maltatoday.uberflip.com/i/732282
6 MAT THEW AGIUS A former aide to President emer- itus George Abela, Marica Miz- zi, has lost a lawsuit that she had filed against the Prime Minister, alleging non-payment of termi- nal benefits. Between 2009 and 2014, Miz- zi – also known for her acting roles – had been employed as a public relations officer to then President George Abela at his request. But when Abela's term in office came to an end, so did Mizzi 's employment. Citing a clause in her contract stating that she was entitled to an undisclosed sum of money "in the exceptional event that the employment is terminated," the TV presenter took the Prime Minister and his Principal Permanent Secretary, Mario Cutajar, to court when this sum was not paid out. Mizzi had alleged that at the end of Abela's Presidency, she had been corresponding with the Office of the Prime Minis- ter about the issue and had been variously told that the precise amount was being calculated or that she would be receiving her dues. Three months later, in June 2014, she had filed a judicial let- ter, calling on Prime Minister Joseph Muscat and Mario Cuta- jar, his Principal Permanent Secretary, to pay her terminal benefits, after she was informed by the OPM that no monies were due to her and that her interpre- tation of the clause was incor- rect. Deciding on the issue, Mr Jus- tice Lawrence Mintoff noted that if a contractual clause is clear, the court cannot interpret it or try to deduce the motive be- hind it – unless the wording is clearly not expressing the wish- es of all the parties. The judge pointed out that the contract used the terms "terminate" in instances where the contract would come to a premature end, and "expire" to refer to the point in time when the contract would have run its course. The clause speaking of "in the event of termination of contract due to a change of the President" did not apply because her con- tract had not been terminated because of the change in Presi- dent, but simply because of the expiration of his term of office. A change in President was not an exceptional event, the court held, because it is entirely pre- dictable, happening every five years as laid down in the Con- stitution. Her contract was a standard PAHRO one, "therefore it is definitely not the case that clause 4.5 of her contract should be given an extensive interpreta- tion beyond that which is clearly stipulated." Neither was there evidence to show that the plain- tiff had been treated differently from others in the same circum- stances, the court held. Mizzi 's claim was dismissed with the court also ordering her to bear the costs of the case. maltatoday, WEDNESDAY, 28 SEPTEMBER 2016 News Former presidential PRO loses breach of contract claim Texts and calls link trio in catamaran drug smuggling attempt MATTHEW AGIUS A court has heard that an ex- change of text messages and phone calls connected three per- sons arrested in a marijuana bust involving a car arriving from Sic- ily two weeks ago. The compilation of evidence against the three persons, who are accused of importing almost 4kg of cannabis plant on the Malta- Sicily catamaran, continued be- fore Magistrate Neville Camilleri yesterday. The discovery was made on 15 September, by police acting on information that a consignment of the drug was inbound that day. The court was told that during the search of the vehicle which 41-year-old Rita Scicluna had been driving, a dog handler had told the police that his sniffer dog had indicated something under the bonnet, where two packets of the drugs were eventually found. Prosecution witnesses told the court that Scicluna, of Luqa, and 27-year-old Osaro Osarenkhoe, from Nigeria, had been on the ferry, while Scicluna's 28-year-old Sicily-resident husband Nicholas Obaseki, also from Nigeria had been waiting for them outside the ferry terminal in Malta. Lawyer Franco Debono asked prosecuting police inspector Ga- briel Micallef how he knew the two passengers were travelling together, as Osarenkhoe had been arrested disembarking on foot. Inspector Micallef replied that they had checked in together, but separated during the voyage and disembarkation. Scicluna had dis- embarked driving her Toyota. The man was arrested after he aroused the police's suspicion by showing too much attention to the vehicle. Debono asked Inspector Mi- callef about the analysis of the accused's phones. The inspector replied that so far a number of telephone calls and messages had been exchanged between Scicluna and the other two co-accused. A police sergeant told Magis- trate Camilleri that on 15 Sep- tember at around 8pm, he had been informed that a movement of drugs from Pozzallo was im- minent. As the two accused were being detained by the police, the wom- an asked to call her husband, who was waiting for her outside the gate "for the sake of the children." When he arrived he had admitted to the police that the substances found in the car were intended for him. The three were arrested and Scicluna's baby was placed in her sister's care. Scicluna is currently on bail on account of the infant, but a request that the men also be re- leased was turned down again yesterday. The case continues next month. Marica Mizzi