Updated | Ombudsman reversed Lands Department’s decision over Gudja field

A report by the Permanent Commission Against Corruption (PCAC) over a disputed field in Gudja was tabled in parliament this evening by Justice Minister Owen Bonnici, five years after an investigation was requested.

The complaint was filed back in 2010.

The report clears the Lands Ministry under former minister Jason Azzopardi from allegations of corruption but finds a possible incorrect implementation of the law. A report by the Ombudsman also recommended the reversal of a decision taken by the Lands Department, to the effect that a contract was signed between the complainant and the government.

In the report published this evening, the Commission, led by retired judge Lawrence Quintano, said that it didn’t find “a shred of evidence of corruption or an attempt to corrupt someone” over the title of the land . Yet, the Ombudsman had concluded that the Lands Department had been misguided over its original decision “because it had been provided with the wrong information”.

The PCAC argued that “the law could have been applied wrongly or divergencies existed in its interpretation”.

“However none of these fall under the articles of the law that describe corruption,” the Commission said.

The case revolved around a field in Gudja, originally owned by the Church and leased to a farmer who passed away. The government then became the owner.

It all started when Charles Catania wrote to the Commission, explaining that he had expected the government to issue the land for sale after the lessee passed away.

Initially, the Lands Department did not put the land up for sale because it received two requests for encroachment by Gudja’s two band clubs to be used during the locality’s feasts. The Lands Department accepted their request and two permits were issued to the Socjeta Muzikali La Stella and to the Ghaqda Muzikali Marija Assunta.

Gudja forms part of the fourth district, from which former lands minister Jason Azzopardi is elected.

The department kept receiving requests for use of this land and decided that a call for offers would be issued.

The issue arose when the Catania family learned from the Lands Department that two files had allegedly been opened on the land: one which belonged to the deceased lessee and another file in the name of the parish priest. The files, they told them, had been passed on to Clayton Abdilla, then a member of Azzopardi’s secretariat.

Abdilla was also a member of one of Gudja’s feasts committees. Catania alleged Abdilla had abused of his position.

In 2011, the Lands Commissioner told the PCAC that only one file existed and that the land in question, previously owned by the Church, had been passed on to the government.

The PCAC then asked Azzopardi to pass on the file, with the latter replying that his office didn’t keep such files. He later told the Commission that he would be willing to testify because he knew facts and circumstances relevant to the case.

The Lands Department eventually issued a call for offers and Catania’s son, Dennis Catania unsuccessfully tabled an offer. He wrote to then Prime Minister Lawrence Gonzi complaining that his offer had been refused despite meeting the criteria requested. In the report, the PCAC said that Dennis Catania had also categorically denied that he had levelled allegations of corruption. It transpired that Dennis Catania had failed to appeal the committee's decision in the timeframe as stipulated by the law. A complaint was filed with the Ombudsman and the PCAC confirmed that it will continue with its investigation.

Testifying before the PCAC, former director-general of the Government Property Division Iman Schembri said that, when agricultural land is issued for a tender, preference is given to full-time farmers. Catania listed himself as a full-time farmer but “someone” drew the attention to the fact that Catania also worked at the Mediterranean Conference Centre. The GPD tender committee were of the opinion that one could not be a full-time farmer while having another job.

Jason Azzopardi testified to the PCAC that he had been informed that Catania worked as a technician at MCC.

A second applicant, Schembri said, was also refused because he wanted the GPD to agree to allow the letting off of fireworks from the field.

Testifying before the PCAC, Jason Azzopardi said it had been his decision to allow fireworks from the field during the months of June and August. He argued that half of the land was garigue.

“He [Azzopardi] wanted everyone to be able to use the land for fireworks and, because he could not give it by means of a direct order, he used the encroachment method,” the PCAC said. The encroachment permit would be issued for each feast for three weeks “and everyone is happy”.

Azzopardi said Catania had approached him insisting that he had the right over the land. Azzopardi told him that he could take part in the call for offers. He also told the PCAC that, as a minister, he did not interfere with the award of tenders. An individual had approached Azzopardi to tell him that the younger Catania “was not a farmer” whilst the father used the land for wheat.

“Dennis Catania was a full-time electrician at MCC and the call for offers was cancelled because none of those who applied were farmers,” Azzopardi said, adding that he had decided to testify before the PCAC because Dennis Catania had applied for agriculture subsidy.

Testifying for the second time in April 2013, Iman Schembri said that the definition of the word ‘farmer’ had been changed to ‘professional farmer’. Schembri went on to add that, if the Ombudsman felt he had to override the department’s decision, the department would agree but would make it clear that it was because of what the Ombudsman recommended.

In May 2013, the PCAC wrote to the Ombudsman to check whether the case was still pending. The Ombudsman sent a copy of its decision to the PCAS in November 2013.

The Ombudsman also said that nothing stopped the GDP tender committee from accepting Catania’s offer. A contract was finally signed between the Catanias and the government in October 2013.