Superyachts bribery trial | Consortium’s legal advisor ‘unaware’ of meetings with politicians

SYC consortium legal advisor Cedric Mifsud didn't know that representatives of the consortium had approached former finance minister Tonio Fenech and former PN secretary general Paul Borg Olivier.

The representatives, the court learnt, had two parliamentary questions raised in parliament before the court case against former MIMCOL CEO Mario Mizzi began.

As their legal advisor, Mifsud was responsible of attending all SYC meetings, taking their minutes and drafting their contracts.

During today's compilation of evidence, Mizzi's defence counsel Joe Giglio said that SYC representatives had approached then finance minister Tonio Fenech and former PN secretary general Paul Borg Olivier to raise certain concerns.

SYC had originally tendered as a consortium together with French company Couach, but Couach later fell into receivership and was subsequently taken over as a whole concern by CMC. This however didn't seem to satisfy the Privatisation Unit, and SYC feared loosing its position as the preferred bidder.

According to Giglio, SYC had also approached then Opposition leader Joseph Muscat who had proceeded to tabling a parliamentary question. Two days before the court summons were delivered to the accused, Giglio said a second PQ was tabled by then Labour MP Gino Cauchi.

"I am not aware that these people were approached by SYC representatives," Cedric Mifsud insisted today.

Mario Mizzi was a member of the Evaluation Committee of the Privatisation Unit which judged the incoming bids for the privatisation of the Superyachts facilities. He is being accused of bribery during the privatisation process.

Star witness Paul Cardona, who held 5% of shares in SYC, alleged that Mizzi had told him "if you take care of me, I am in a position to help you". The consortium allegedly declined the offer.

Cardona had also revealed that Mizzi had pressured British expert Sue Hall to reduce the marks given to the SYC consortium.

The Privatisation Unit had sought clarifications on Couach's financial situation, with the consortium insisting the Unit never got back to them after the relevant information was forwarded. In September, the consortium met at the Office of the Prime Minister during which Cardona referred the alleged kickbacks request by Mizzi.  

Following these allegations the privatisation process was nullified and new proceedings were launched. The new proceedings were only open for those companies that had already tendered, including SYC.

During this second run, Manoel Island Yacht Yard had joined forces with Palumbo and filed a single bid. Palumbo were also involved in a third bid.

The Superyachts Facility tender was eventually awarded to Palumbo Malta Superyachts Limited for 30 years, and the global amount to be paid by Palumbo reaches €29.4 million.

The case is now scheduled for September at noon when Privatisation Unit legal advisor Ann Fenech takes the witness stand.