Magistrate Caroline Farrugia Frendo has upheld a request to open a magisterial inquiry into the late notary Ivan Barbara’s wife, Rosanne Barbara Zarb.

This comes following a request made by three former clients of Barbara who had asked the courts to launch a magisterial inquiry to look into possible misappropriation and fraud by Barbara and his widow.

The request was made in a court application filed by Matthew Sacco, Simon Mallia and Valeria Mallia, who had handed Barbara cheques amounting to a combined €30,650 in relation to promise-of-sale agreements they had signed.

Barbara died of Covid-19 earlier this year while he was with his wife in India to adopt a child. Following his death, several of his former clients are struggling to recoup money they had paid as deposits when they signed their promises-of-sale-before the notary.

In a court application, the three said they had paid the money to Barbara so that he would eventually pass them on to the sellers when the contracts were finalised. They had said that in order not to lose their property, they have since signed new promise-of-sale-agreements and contracts and had paid the deposit for a second time after Barbara’s death.

The three requested the return of their previous deposits.

At first, they were told by Barbara’s widow, Rosanne, that there were complications since the death certificate had not been issued . At a later stage, after the certificate was issued, they were told that the refund process was ongoing. But they were later informed that Rosanne Barbara had renounced her late husband’s inheritance.

They noted that, while the government’s chief notary had been tasked with taking over the acts signed by the late notary, this would in no way help them recoup their money.

The applicants said they had written to Bank of Valletta, with whom Barbara had a clients account, asking for information and a refund, but the bank referred them back to Barbara’s heirs, saying it could not provide them with such information.

The applicants say they believe that a criminal act was committed by both Barbara and his widow, arguing that there are enough reasons for a magisterial inquiry to be launched.

Lawyer David Bonello is representing the three former clients.