Issue link: https://maltatoday.uberflip.com/i/751614
4 MATTHEW AGIUS LAWYERS for the Strickland Foundation have continued to resist efforts by the heir of Al- lied publishing's founder Mabel Strickland to have a court order them to exhibit documents and files relating to the Foundation, as the acrimonious battle between the Stricklands and the Strickland Foundation, created by Mabel Strickland in 1979 to which she bequeathed her Lija stately home and shares in Allied Newspapers, continued. Robert Hornyold Strickland, a nephew and confidant of Times of Malta founder Mabel Strickland OBE, filed the suit against the ex- ecutors of Strickland's estate - in- cluding the incumbent Chairman of the Strickland Foundation and a director of Allied Newspapers Joseph Ganado, claiming that his late aunt's will was changed in 1979 while he was living in Britain by her testamentary executors, the late Guido de Marco and Joseph Ganado. On its part, the Foundation is arguing that Strickland had es- tablished the foundation 'to be of service to the people of Malta by helping the development of free- dom of thought and expression which, through a free press, is es- sential to the maintenance of de- mocracy and basic for the proper development of a country.' She bequeathed in legacy to The Strickland Foundation through her testamentary will Villa Pari- sio in Lija, including all the con- tents thereof with the exception of gold, silver, and other precious articles, sums of money, bank books, bound books and other documents of title and stock; and a number of shares in Allied News- papers Limited. The Foundation says she had al- so bequeathed by title of legacy to her heir Robert Hornyold-Strick- land, who is her great-nephew, "the right of use and habitation of the guest rooms with bathroom and study at Villa Parisio provided that the enjoyment of such right shall in no way interfere with the work of the foundation". Hornyold Strickland believes this was not the original intention of the testator and that the foun- dation is in possession of a large amount of sensitive files relating to an alleged irregular transfer of the shares by the foundation, as well as €3.5 million in irregular dividend payments which, he al- leges, had been paid to the Foun- dation. While most of the other parties had agreed to pass on the docu- mentation, Lawyers Max Ganado and Mario De Marco hadn't, ar- guing client privilege, although Ganado subsequently agreed to pass over his documents should the court order him to do so. De Marco has remained steadfast in his refusal. In comments to the MaltaToday, Robert Hornyold Strickland had said he "wants to know why they're hiding these files." Earlier yesterday, lawyer Mario De Marco and son of Guido De Marco, testified that the files did exist. He protested, however, that he was not legally in control of them, as they had been inherited by his mother, who is the late pro- fessor's legal heir. "Father had such files but I can- not reveal the information con- tained therein. I am not the heir of Guido De Marco. Mrs. De Marco is and I am not authorised to pro- duce them." Revealing the information would violate the laws on professional secrecy, the Foundation argued. The Foundation's lawyer, Richard Camilleri argued that it would "create a dangerous precedent if we were to made to reveal files re- lating to deceased lawyers." Presiding judge Silvio Meli ap- peared to agree, saying the court had to safeguard professional eth- ics. The case continues in January. Ian Refalo and Joseph Schembri appeared for Robert and Deirdre Hornyold Strickland. Andrew Muscat, Richard Camilleri and Louise Sant Fourni- er appeared for the Strickland Foundation. maltatoday, WEDNESDAY, 16 NOVEMBER 2016 News Dwarna with Mariella Dimech every Tuesday at 21.00 on TVM2 Inspector told to release Bogdanovic before Xewkija game CONTINUES FROM PAGE 1 On Sunday Bogdanovic was re- leased on police bail, when the message was made clear to both Edel Mary Camilleri and Antonello Grech that the foot- baller was expected to make a 3pm kick-off so that his team Xewkija Tigers could face off Kercem FC. Since MaltaToday broke the news of the police bail for Bogdanovic, the Xewkija Ti- gers coach Jesmond Zammit – who is the head of secretariat at Ian Borg's parliamentary secretariat for EU funds – has suspended himself from his job pending an inquiry. The inquiry is being head- ed by former AFM brigadier Carmel Vassallo, who is a brother-in-law to home affairs minister Carmelo Abela. The appointment has been heavily criticised by the Opposition. Vassallo is expected to carry out his inquiry over the course of three weeks but he has yet to contact the MaltaToday ed- itors responsible for the story. MaltaToday had reported that it was a ministry official who requested Bogdanovic's release. The news has led An- ton Refalo, the minister for Gozo – who in the past had provided Xewkija Tigers with a bank guarantee for the ac- quisition of their club prem- ises – to emphatically deny having made any pressure on Gozo police for the release of Bogdanovic. Strickland Foundation: Forcing release of De Marco-Ganado files 'dangerous precedent' The ongoing battle for the control of Mabel Strickland's estate continues