Inland Revenue Commissioner Marvin Gaerty will be called to testify before the Standards Committee in Public life on the case of Rosianne Cutajar’s breach of ethics, it was decided today.
The decision was taken at a sitting of the Committee, in which the members of the Opposition voted against and members of the Government, together with the Speaker, voted in favour of Gaerty being called to testify, and then see if there is a need to call other witnesses.
Standards Commissioner George Hyzler came to the conclusion that former Parliamentary Secretary Rosianne Cutajar violated the code of ethics by acting as a broker in dealings with Yorgen Fenech for the sale of an Mdina property.
It was reported that Cutajar received €44,000 for the brokerage of a property in Mdina worth €3 million, to be sold to Yorgen Fenech. Negotiations ended abruptly when Fenech was arrested for murder in 2019. The property owner, Joseph Camilleri, wanted a refund of the payments, which were not mentioned in Cutajar’s declaration of assets to Parliament. Hyzler had concluded that the evidence he had in his hand points out that Cutajar was “more likely than not” to have received a brokerage fee.
At the last meeting of the Standards Committee two weeks ago, Speaker Anġlu Farrugia joined the Members of Parliament of the Government and refused to adopt the report of the Standards Commissioner, saying that more investigations should take place. Furthermore, the meeting stopped abruptly when the PL and PN MPs could not come to a decision when it was suggested for the investigations to continue by the Committee while the evidence is sent to the Tax Commissioner for him to investigate.
This is where the Committee left off once again today, with the PN and PL MPs disagreeing as to whether the investigations should continue by the same committee while the Tax Commissioner continues with his investigation.
PN MP Karol Aquilina insisted that the Tax Commissioner should conduct a separate investigation, not the same investigation that this Committee should conduct. On her part, PN MP Therese Comodini Cachia said that for this Committee to investigate, “every member has the right to get witnesses to testify”. She went on to say, “we are depriving Committee members from doing their work. This is not allowing members to present evidence and testimony. I can never agree with a situation like that. '
On this note, Aquilina pointed out that he has a list of witnesses that the Opposition would like to hear, including Charles Farrugia (it-Tikka), Rosianne Cutajar, Yorgen Fenech, Times journalist Ivan Martin, Assistant Commissioner Alexandra Mamo, Police Commissioner Angelo Gafà, Prime Minister Robert Abela, Minister Edward Zammit Lewis, Joseph Camilleri, Notary Pierre Lofaro and MP Ian Castaldi Paris.
The latter, while objecting to the fact that he is in the list of witnesses, said that “I agree with Aquilina that there is a tax issue that is important to see what investigations have been done. I have an interest both as a member of the Committee and not as a member, in seeing the tax issue investigated. There is the issue of ethics, separate but also closely linked to the issue of taxation.”
The Speaker said that they must first see that they agree with what he said in the motivation of the vote: to send what was collected as evidence to the Commissioner of Taxes.
"It is too early to vote on this report, I am saying let's now send everything to the Commissioner of Taxes. At this point I have to see whether you agree or disagree, and I listen to him first,” he said.
Aquilina said that he agrees perfectly with the motivation of the Speaker’s vote. He reads the reasoning that the Committee should conduct additional investigations. However, the speaker said that Hylzer would be needed for the investigation by the tax commissioner. He remarked that the additional investigation is carried out “with the assistance of Hyzler, also forwarding the entire file to the Commissioner of Taxation, and after taking the action he deems appropriate, appearing before this Committee.”
“This is your U-turn, Mr. Speaker,” insisted Aquilina. “I do not accept these comments,” the Speaker replied.
“We agree to send everything to the tax commissioner. We give him a time-frame, we will see what he will say, if necessary we will listen to him on oath and then we will move on from there,” the Speaker continued.
When it came to the vote the members of the Government and the Opposition come head to head, with the PL MPs in favour and the PN against. The Speaker then voted like the members of the Government. He prefers to first hear the testimony of the Tax Commissioner, and once he investigates, then see if further testimony is needed, he said.
Therefore, the votes were two in favour, and two against calling the Tax Commissioner to testify and then see if it is necessary to call other witnesses. The Speaker also voted in favour of doing this.
Aquilina said that tomorrow morning they should send for the Tax Commissioner. However, the Speaker said it is not possible because they have yet to send him the documents, while Aquilina said that he is sure the Commissioner already has everything he needs.
“We will agree on a date as soon as possible,” the Speaker concluded, as the sitting came to an end.