The Government, in a statement, noted "how the Court of Appeal has decided the appeal filed by the Leader of the Opposition by rejecting the absolute majority and the core of his claims in this case. Particularly, the Court denied his sworn request that the Court of Appeal declare the judgment of October 23, 2023, concerning the hospital concessions, as having provided direction and authorization for the State Advocate to act against third parties."
The government was reacting to an Appeals Court ruling 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 also did not accept the Leader of the Opposition's requests for a declaration that the State Advocate had a duty to act beyond what has been done so far, the government said. "The Court stated, limitedly, that all Members of Parliament, as well as the State Advocate, have the authority granted to them to act only under the Government Lands Act, and in strict parameters and in relation to those mentioned within it."
"These actions, the Government of Malta through the State Advocate already moved on months ago in international arbitration proceedings to safeguard the country's interests, and when control of the hospitals was taken back before the final judgement. The Court of Appeal also rejected the Opposition Leader's request that the State Advocate has the right to act autonomously of government direction unless there is a law giving that specific and limited power, like in today's case."
"The Court of Appeal acknowledged the State Advocate's reasoning for not pursuing duplicative and ulterior actions and urged that these reasons should also be prudently weighed by those who like the State Advocate, meaning Members of Parliament, have the power to act under the same law," government said.
The Government "further notes that the Court of Appeal dismissed the false claim made under oath by Opposition Leader Bernard Grech, that the Prime Minister had been found guilty by the Court of Appeal of deception and collusion with Steward Healthcare."
The Government noted "the Opposition's populist behaviour, where the Opposition Leader's hasty declarations of victory without thoroughly analysing the Court's actual statements. This includes the Court's call for prudence, interpreted as a message to avoid disrupting arbitration proceedings through legal actions aimed solely at gaining partisan political capital."