Court rules State Advocate can act independently to recover hospital funds
The Court of Appeal has ruled that the State Advocate does have the power to act independently of any government direction to recover funds swindled in the fraudulent hospitals concession.The Chief Justice, in a ruling Monday, rejected a pr
The Court of Appeal has ruled that the State Advocate does have the power to act independently of any government direction to recover funds swindled in the fraudulent hospitals concession.
The Chief Justice, in a ruling Monday, rejected a previous decision taken by the First Hall, Civil Court.
The appeal was filed by the Nationalist Party, which argued that the State Advocate should and could take court action, independently of the government, to recover €400 million given by the government to Vitals and later Steward Healthcare.
The deal was rescinded by a court of law in February 2023, and confirmed on appeal eight months late.
Opposition leader Bernard Grech and PN MP Adrian Delia had requested that the State Advocate should take legal action to recoup the €400 million allegedly defrauded through the hospitals privatisation deal.
In July, the First Hall of the Civil Court, presided over by Mr Justice Toni Abela, dismissed the Opposition's arguments. The judge declared that although the State Advocate was independent and autonomous, he did not appear to have carte blanche to act upon his initiative.
On Monday, Chief Justice Mark Chetcuti and Justices Giannino Caruana Demajo and Anthony Ellul said that the State Advocate had the power to act against those who had the duty to give back the funds.
Contrary to what the first court had stated, the court of appeal declared that the State Advocate had that power in terms of article 33 of the Government Lands Act.
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