2021 Freezing Order Against Keith Schembri Upheld
A Maltese court has rejected claims by former Office of the Prime Minister chief of staff Keith Schembri, his father Alfio Schembri, businessman Malcolm Scerri and Robert Zammit that their constitutional rights were breached when a blanket freezing order was imposed on their assets in 2021.
The order came into effect after Keith Schembri was remanded in custody in May 2021, following charges that included money‑laundering, criminal conspiracy, fraud and forgery. He was among eleven individuals arraigned as part of a major financial‑crime investigation.
In May 2022, the four men filed a constitutional application in the First Hall of the Civil Court, arguing that the freezing order- issued under the Prevention of Money Laundering Act- violated their right to property and other fundamental rights. The plaintiffs said the law prevented them from applying to revoke the order until the conclusion of the criminal proceedings.
In its judgment, the court noted that the legislation allows affected individuals to request authorisation to pay debts incurred in good faith before the freezing order, or to transfer property with court permission. The court described the freezing order as a precautionary measure, which may cause disruption pending criminal proceedings but does not automatically violate fundamental rights.
The judge further observed that the applicants were granted several variations of the order over the years, enabling them to mitigate its impact. The court concluded that since the applicants had access to available remedies and no evidence was presented that they were deprived of a decent standard of living, their fundamental rights had not been breached according to Times of Malta.
The ruling was delivered by Mr Justice Giovanni Grixti in the First Hall of the Civil Court. Legal representatives for the applicants included Edward Gatt and Mark Vassallo, and the State Advocate’s Office was represented by Julian Farrugia and Yana Bonello.
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