The Court of Appeal has ruled that the State Advocate does have the power to act independently of any government direction to recover funds regarding the fraudulent hospitals concession.

The Court of Appeal delivered its ruling on Monday.

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The deal was rescinded by a court of law in February 2023, and confirmed on appeal eight months later.

During the proceedings, the Nationalist Party argued that the State Advocate must act in the public interest and ensure Malta recoups the €400 million paid to the hospitals concession. 

State Advocate Chris Soler, on the other hand, defended his actions, saying it is in the interest of the state that he follows the law.

"If the law says that the State Advocate may or may not do something, then it would be against the public interest that the State Advocate does not follow the law and assumes power whenever she wants," Soler said in court.

During the proceedings on Monday, the Court presided by Chief Justice Mark Chetcuti, and Judges Giannino Caruana Demajo and Anthony Ellul declared that "the State Advocate does have that power" to act.

In its judgement, the Court of Appeal ruled that the State Advocate does have the power to act independently of government direction.

But it confirmed the first judgement in so far as it turned down the request to declare that the State Advocate had a duty to act, saying that the State Advocate must not be subject to the direction or control of any person or other authority.

The Court of Appeal also confirmed the first judgement in so far that it rejected the claim that the hospitals judgement is enough to authorise the State Advocate to take the necessary and opportune steps according to law to recuperate damages, saying that the State Advocate does not need that authorisation and that the judgement gave no such authorisation either.

Present for proceedings on Monday were Prime Minister Robert Abela, Justice Minister Jonathan Attard, Opposition leader Bernard Grech and Nationalist Party Secretary General Michael Piccinino.

In a Facebook post, Opposition leader Bernard Grech said that this ruling was a victory for Malta.

Prime Minister Robert Abela had "done his best" not to bring back the money, but the Court of Appeal had today ruled that the State Advocate can take legal action to recoup what Malta is owed, Grech said.

Abela had the duty to work in the best interest of the country. "Where he failed, we did his work for you," Grech said.

The State Advocate now has to immediately take action to bring back the money. If he does not, the Nationalist Party will hold him personally responsible for this betrayal, Grech said.