A request made by Attorney General Peter Grech that land involved in the government-Mark Gaffarena deal is not to be transferred until a court case is concluded has been upheld by the court.

Judge Joseph R Micallef provisionally upheld the request for injunction. A final decision is expected to be taken before the 21 February.

The court today heard the evidence by notary Dr Marisa Grech, Assistant Director at the Government Propoerty Division, who was entrusted to produce a copy of the contracts made between the Government and Marco Gaffarena for the expropriation of land in Valletta.

A first contract was signed on 28 January 2015. In exchange for the expropriation deal, Marco Gaffarena was handed property in Sliema, one in Siggiewi limits of Imqabba and in Bahar ic-Caghaq.

Another contract was signed on July of 2015 by which Gaffarena was given another piece of land in Zebbug and Bahar ic-Caghaq.

There were two separate contracts as the land was expropriated in two separate quarters. In total, half of the building in Old Mint street was expropriated. 

Defence lawyer appearing for Gaffarena, Dr Keith Bonnici, said that the reference to Joseph Muscat on the case filed has to be clearly established.

“If the Prime Minister is acting as a Member of Parliament, then he should have been noted down as Honorable Joseph Muscat. Because as it is, Prime Minister Joseph Muscat implies that he is representing the Government.”

He explained that the case cannot be presented by the Government and private at the same time.

Dr Grech explained that in expropriation deals, the government can either choose to give money or to hand property. It is also allowed to over-value by not more than 30%, but in this case, the AG noted, the excess was even more.

The Prime Minister filed a court case in the First Hall of Civil Court against Mark and Josielle Gaffarena with the aim of recouping assets lost in the expropriation deal.

Together with a case, a garnishee order was presented on the compensation given to the Gaffarena family, consisting of land and cash. In addition to this, a prohibitory injunction order was requested to prevent them from transferring the acquired lands.

Mr Gaffarena was given €1.65 million in cash and land for the expropriation of half a building in Old Mint Street, Valletta.

Case will start on 10 March.

Judge Anna Felice will preside over the case.