During the adjournment in Parliament, Mr Agius tabled documents which indicate that Med Design Consultants Ltd, a company of which Mr Buhagiar is the majority shareholder and director, kept on trading despite undergoing a process of liquidation, which it had initiated voluntarily in October 2003.
Mr Agius, quoting from the act, said that the company’s trading is in breach of the law as this stipulates clearly that a company may not undertake any trade when it is undergoing a winding down process unless this trade is necessary for the process itself.
Put in simple terms, Mr Agius said, the law states that unless the company is in debt and needs to trade in order to ensure it can pay its creditors, a company may not trade. Mr Buhagiar’s company registered over Lm60,000 in profit, he stressed, which means that it did not need to trade in order to complete the winding down.
During the previous parliamentary session the day before, Mr Buhagiar told Mr Agius that he will be suing him for libel over allegations of negligence he (Mr Agius) had made against him (Mr Buhagiar) regarding bad roadwork in Dingli. Mr Agius reiterated his claims that the work for which Mr Buhagiar’s company, Med Consultants Ltd, was commissioned was done negligently to the detriment of public funds and made fresh accusations regarding the illegal trading of Mr Buhagiar’s company.
“Mr Buhagiar yesterday told me not to make silly accusations and insisted that I should be serious in my work. Well, in the name of seriousness I demand his resignation,” he said. “As a Member of Parliament he should lead by example and instead he is breaking the law.’
Mr Agius mentioned a number of contracts that the company had won from local councils run by a Labour majority during the period when the company should not have been trading. In addition to this, the company had also submitted an application for development work on a promenade and the construction of a catering establishment at the St George’s promenade in
St Julian’s on 29 July this year.
He tabled documents showing that the company had issued a quotation for Lm75,000 worth of construction work on a 70-metre road in Pembroke a year ago, and also presented documents showing a series of payments issued by the Dingli and Pembroke local councils over 2003 and 2004 towards the company. Concluding, Mr Agius insisted that Mr Buhagiar resigns and warned that he has more information on the case, which he reserved the right to reveal at a later date.