Gaffarena Is Allegedly Defying Maltese Court’s Decision By Developing Government Property
Controversial businessman Marco Gaffarena is reportedly developing a block of luxury apartments within a site he had been court-ordered to return to the government.
An investigation by The Sunday Times Of Malta has described how Gaffarena, who already made headlines due to his role in a 2015 property scandal, is turning a supposed government owned shop and a townhouse in Sliema into apartments. The newspaper states that it has reviewed the plans which have also been approved by the Planning Authority.
The case goes back to 2015 when the same newspaper revealed that the Lands Department had paid Gaffarena €3.4 million in cash and massive tracts of land to expropriate two separate quarters of a palazzo located on Old Mint Street, Valletta.
The National Audit Office then condemned the government for failing to safeguard the public interest. Michael Falzon (today social policy minister) was forced to resign as Parliamentary Secretary for Planning, and the Lands Department was revamped as the Lands Authority.
Prime Minister Joseph Muscat then filed a court case to revoke the deal and recoup the lands the government had lost. The court declared the expropriation deal to be null and void and ordered the massive tracts of land to be returned to government.
According to the Sunday Times, one of the pieces of land ordered to be returned is a shop situated at 73, Manuel Dimech Street, Sliema. It was reported how according to the reviewed PA-approved plans, there will be at least two bedrooms located where the shop is, as part of an apartment in Gaffarena’s development plan.
When questioned about the case some weeks ago, a spokesperson for the Prime Minister told the paper:
“The Prime Minister took political and legal action over the said case to safeguard people’s interests. He won the case in court on behalf of the people, which rules that the lands obtained as part of the expropriation deal should be returned to the government”.
When pressed further on whether the government was certain of this, the spokesperson responded by saying “it’s a court decision which all media reported”.
The Sunday Times went on to question the Lands Authority, which said that despite Gaffarena’s appeal against the court’s decision, “there is a warrant of prohibitory injunction in place safeguarding any transfers of the property involved in this case.”
After reportedly giving the impression that Gaffarena’s development will only take place on the adjacent townhouse, the Lands Authority was informed that according to the plans, 73, Manuel Dimech Street is part of the entire project.
“Any works on 73, Manuel Dimech Street, do not have the blessing of the Lands Authority. Although the application was made on property 74 and notwithstanding, that the LA was never a consultee (nor informed or had any reports) of works on Number 73 (the shop), the LA will take all available legal steps to continue safeguarding its property”.
The report concludes by declaring it is not known whether any legal action has been taken at this stage.