A Court has turned down a human rights application filed by former Prime Minister Joseph Muscat concerning how he became part of a magisterial investigation into the state hospitals concession.
The case centres on the concession of three public hospitals, originally awarded to Vitals Global Healthcare and later transferred to Steward Health Care. Muscat was later charged with offences including bribery, trading in influence, money laundering and participation in a criminal organisation in connection with the agreement covering Karin Grech Hospital, St Luke’s Hospital and Gozo General Hospital.
The inquiry was conducted by Magistrate Gabriella Vella after a 2019 request for investigation submitted by rule-of-law NGO Repubblika. The organisation had asked the Courts to examine alleged criminal conduct linked to the hospitals concession.
In its original request, Repubblika identified four individuals for investigation. Muscat was not among those named. In his Court submissions, Muscat maintained that when private citizens seek a magisterial inquiry, they are required to indicate the specific individuals they want investigated.
His name surfaced at a later stage of the proceedings. Court proceedings have also referred to consultancy payments amounting to €60,000 that Muscat received after leaving office. The same company had reportedly received substantial payments from Steward Health Care after it assumed control from Vitals Global Healthcare.
After the publication of that report, Repubblika filed a separate criminal complaint with the Police Commissioner. The complaint was subsequently forwarded to the magistrate already overseeing the hospitals inquiry.
In his human rights claim, Muscat argued that incorporating this complaint into the ongoing inquiry infringed his rights. He contended that he should have been informed and given the opportunity to present his position before the complaint was added to the existing proceedings.
He also challenged the decision to include the complaint without prior notification to him and objected to the magistrate’s refusal to step aside from the case. Muscat requested the Court to declare that these actions breached his fundamental rights.
Before filing this human rights application, Muscat had initiated constitutional proceedings related to the same issue but later withdrew them.
Newsroom
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