Issue link: https://maltatoday.uberflip.com/i/753405
maltatoday, SUNDAY, 20 NOVEMBER 2016 13 News Hornyold Strickland insists Mabel's files are his Nephew and sole heir of Times of Malta founder Mabel Strickland says he is legitimate owner of files held by the de Marcos, Ganados and Strickland Foundation which throw light on intentions for her succession JURGEN BALZAN ROBERT Hornyold Strickland – nephew and confidant of Times of Malta founder Mabel Strickland – is insisting that the files which belonged to his late aunt and show the original intentions for her suc- cession and legacy belong to him. This week, lawyers for the Strick- land Foundation continued to re- sist efforts by Mabel Strickland's heir 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 continued. In comments to MaltaToday, Hornyold Strickland said "The files of my Aunt Mabel Strickland, whose sole heir I am, unfortunate- ly, are currently in the possession of the Strickland Foundation, the de Marco family and the Ganado family, yet in law these personal and Strickland family files belong to me. Despite this, for reasons un- known, I have been denied access to these files since my Aunt died 28 years ago." Hornyold Strickland filed a suit against the executors of Strick- land's estate – including the in- cumbent chairman of the Strick- land Foundation and a director of Allied Newspapers Joseph Ganado – claiming that his late aunt's will was changed by her testamentary executors, the late Prof. Guido de Marco and Joseph Ganado in 1979 while he was living in Britain. Lawyer Mario de Marco, son of Guido de Marco, testified in court that the files did exist but pro- tested that he was not legally in control of them, as they had been inherited by his mother, who is the late professor's legal heir. The Foundation's lawyer, Rich- ard Camilleri argued that it would "create a dangerous precedent if we were made to reveal files relat- ing to deceased lawyers." Speaking to MaltaToday, Hornyold Strickland said: "If the files are therefore in the possession of Mario de Marco's mother, then it has to be in the in- terests of all parties, for Mario de Marco to persuade his mother to return them all immediately. In- stead he resisted offering up any files; his reaction was not unex- pected, but surprising given that he always professes that transpar- ency is paramount." Underlining that his aunt's legal files relate to the drafting of her fi- nal will and the concurrent setting up of the Strickland Foundation in 1979, when he was not able to be in Malta, he said "Guido de Marco was paid for his services at the time and these files, on my aunt's death should have been passed over to me – 28 years ago." He said that after his aunt's death, the Strickland Foundation took possession of all the Strick- land files, without even consulting him. "Unfortunately, as has tran- spired, there were several ambigui- ties in my aunt's revised will, and the executors and I disagree on the interpretation of it. Despite years trying to find an amicable solution with them, I have to resort to the courts so as to establish, correctly, my aunt's exact intentions. Natu- rally this process requires access to much contemporaneous cor- respondence from my aunt with regard to her planning and think- ing at that time for both her heir and her Strickland Foundation. As is well known, my aunt set up the Strickland Foundation for 'herself and her heirs in perpetuity' yet her heir has never been invited to join the Council of the Strickland Foundation. I remained Mabel's sole heir from the time I was first chosen, and she died with my pho- to always by her bed." Hornyold Strickland added that apart from the files that were in his aunt's possession when she died, the only files he is seeking from the Strickland Foundation are those relating to the drafting of the fi- nal will and the setting up of the Strickland Foundation. "I am legally entitled to these papers by virtue of being her sole heir," he said. Insisting that the files be re- turned to him in their original state, Hornyold Strickland said "when I walked into court, it was as if it was David against Goliath, with a posse of powerful people intent on resisting, at all costs, my perfectly reasonable request to the courts for files that belong to me to be passed over, and offer full transparency. Instead I met with a group of people intent on pulling the wool over everyone's eyes, de- termined to hide everything. There is an old mantra, if you have noth- ing to hide, then hide nothing." Retail hubs and fiscal incentives for employing trained staff in new PN small business strategy PAUL COCKS THE regeneration of property into retail hubs and incentives to urge small businesses to employ addi- tional staff are among a number of policies the Nationalist Party will be announcing today in a document aimed at promoting small business, MaltaToday has learnt. Shadow economy minister Clau- dio Grech, who drew up the poli- cies, told MaltaToday in a briefing on Saturday that the party will be presenting 51 policies under three major sections: make small busi- nesses more efficient, increasing market share and improving exist- ing retail spaces. The PN will be proposing that grants and fiscal incentives be in- troduced for the development of low-intensity retail districts, subject to a number of conditions that the developer and the tenants would have to adhere to. Chief among these would be an emphasis on sustainable develop- ment and accessibility, with the development being retail-led and not including any residential units whatsoever. Grech said that the policy would also promote artisan and indig- enous craft and would insist that these retail hubs offer recreational spaces and facilities to supplement the retail business and offer an at- tractive destination for families. He said that one incentive being offered would be to have a portion of the VAT collected from the hubs re-invested by the government in improvements and facilities at the same development. The developers would in return have to accept a number of condi- tions, including providing child- care facilities at each of the retail hubs. Grech explained that this same policy would also apply in the case of existing commercial districts in busy town centres such as Fgura, Hamrun or Birkirkara. In these cases, incentives would be offered for the improvement and regeneration of the existing shops willing to invest in a bid to improve their facilities and help in the em- bellishment of the area. "This embellishment can take many forms," Grech said. "It could be a consensus by shops in a street to streamline the outlets' facades and displays, maybe giving them a more artisan look and feel, or it could be something as simple as the shops agreeing to each install and look after one potted plant in front of their shops." Another policy – which the party was referring to as the 'Plus One Initiative' – includes provisions for government grants and fiscal in- centives for small business owners to sign on their first employee or to add one employee to their existing staff, Grech said. He said that the policy made it clear that the grants and incentives would only be granted in the case of businesses that employed individu- als already trained in retail. "This policy will improve the quality of life of the retailers, end- ing with them having more free time, while at the same time will it will also help tackle the issue of pre- carious employment, as employers would be incentivised to offer regu- lar full-time employment." Toni Abela is new judge, Grazio Mercieca appointed magistrate MIRIAM DALLI THE Cabinet's approval of for- mer Labour deputy leader Toni Abela and Gozitan lawyer Grazio Mercieca to the judiciary was hailed by the government as "his- toric", after the two were first approved by the recently-ap- pointed Judicial Appointments Committee. In a statement issued yesterday evening, the Labour government confirmed that the Cabinet of Ministers had approved Abela's nomination as judge and Mer- cieca's nomination as magistrate. The government went to great lengths to state that "history was being written" with the two ap- pointments. "These are the first two ap- pointments in history to be car- ried out in full transparency and scrutiny, and who will be joining the judiciary after undergoing the scrutiny of the commission," it said. The committee for judicial ap- pointments is composed of the Chief Justice, the Attorney Gen- eral, the Ombudsman, the Audi- tor General and the president of the Chamber of Advocates. The government said that the process confirmed that both Abela and Mercieca enjoy the necessary expertise and satisfy several requirements to serve in the judiciary. Abela, who up until February was Labour's deputy leader for party affairs, submitted his nomi- nation after he failed to win the approval of the European Parlia- mentary committee in his nomi- nation for the European Court of Auditors. He was one of the founders of Alternattiva Demokratika and also served as legal counsel to MediaToday. Abela graduated as a lawyer in 1984 and has since practised in the Maltese courts. Mercieca, a University lecturer and Gozitan lawyer, worked in the private sector for over 30 years and served as Justice Com- missioner. The two will be taking their oath of office tomorrow. Robert Hornyold Strickland