Issue link: https://maltatoday.uberflip.com/i/992522
19 LETTERS & EDITORIAL maltatoday | SUNDAY • 10 JUNE 2018 I refer to your article "Delia denies taking sneaky €86,000 fee in dispute with former client" (3 June, 2018). Your investigative journalism seems to have left out certain impor- tant facts from the said article. Dr Delia would like to point out that the case was originally instituted solely against HSBC Malta on 23 May 2011 and not against him as your article implies. It was only on 20 June, 2012 that Dr Delia was joined in the suit against HSBC. You write: "Arcidiacono contends the €86,210 bank draft issued by HSBC to Delia for his services to secure the loan, was never authorised by him". The impression given is that Dr Delia did something untoward, illegal and ethically incorrect. This is far from reality. For reasons you know best, you failed to communicate with Dr Delia for him to give you his version of events before you published the said article. It is his understanding that an in- vestigative journalist of your calibre would have deemed it essential to ask for his views and comments before going to print. Had you done so, Dr Delia would have gladly furnished you with all the necessary documen- tation including the following: (i) A first tax invoice numbered T 6683 and dated 23rd June, 2009 issued by Aequitas Legal for the amount of €37,760 (inc. VAT); (ii) A second tax invoice numbered T 11/09 dated 25th June, 2009 issued by Aequitas Management Limited for €48,450 (inc. VAT); (iii) A letter dated 10th August, 2009 sent by Adrian Farrugia on behalf of Boris Arcidiacono Limited whereby it was stated "Please find attached a copy of Aequitas Legal Ltd tax invoice T-6683 for the amount of €37,760. We kindly request rela- tive fiscal receipt to cover the said amount, pending since 23rd June 2009. Attached also find, your origi- nal invoice T11/09, issued by Aequi- tas Management Ltd dated 25th Jun 2009, being returned to your goodselves. Please issue same, under heading Aequitas Legal Ltd for the amount of €48,450 including a fiscal receipt" (attached); (iv) A tax invoice numbered T 6778 and dated 2nd September, 2009 is- sued by Aequitas Legal for €48,450 instead of the previous tax invoice numbered T11/09. The letter of the 10 August, 2009 is pretty self explanatory. Dr. Delia is of the belief that a person claim- ing that he did not know that the amount of €86,210 was being charged to him, or better still, that it was made without his consent and never authorised by him, would not have asked that a tax invoice issued under Aequitas Management Limited be changed to Aequitas Legal. Indeed, that individual would have contested the amount and stated that it was not due or stated that the payment was never authorised by him and that he did not want to pay such an amount. None of this happened at that time. So much for the "sneaky" part! It was only years later that action was taken for reasons best known to the indi- vidual concerned. Finally my client would like to point out that a tax invoice is issued after receipt of funds and not before (the same applies to fiscal receipts). The relative legal fiscal regime at the time provided for this. Dr Vincent Galea Editorial Note: This was not an 'investigative' report but a bona fide report of a court hearing that enjoys privilege as laid down in Article 7 of Chap- ter 579. Dr Adrian Delia's denials and the bank's previous statements refuting the plaintiff's claims have been already reported, and Dr De- lia had ample time to state his case clearly while answering the plain- tiff's counsel's questions. Arcidiacono case against HSBC Malta and Adrian Delia Mikiel Galea Letters & Clarifications