The lawyer representing the heirs of murdered journalist Daphne Caruana Galizia emphasised the gulf in resources between the slain journalist and the State funded Egrant inquiry.

Lawyer Therese Comodini Cachia made submissions this morning in the human rights case filed by the family, who are arguing they cannot prepare a defence against an ongoing libel case filed by former prime minister Joseph Muscat against the slain journalist, because only she knew the names of her sources.

Comodini Cachia told Madam Justice Miriam Hayman that Caruana Galizia had multiple sources for her Egrant story, because she followed the rules of responsible journalism.

“In this case Muscat is resting on evidence that was gathered in a million-euro investigation and which the defendant, not having a million euro to spend, relied on the rules of responsible journalism. This causes prejudice to the defendants,” the lawyer said.

Comodini Cachia stressed that Caruana Galizia’s assessment of the evidence that she had access to could not be compared to that gathered in the lengthy magisterial inquiry, which cost millions and utilised resources that were not available to the journalist.

“If the source reveals herself, that is the source’s decision, but responsible journalism does not rely on a single source,” Comodini Cachia argued.

One of the lawyers representing the State Advocate dictated a note to the court, arguing the untimeliness of the constitutional case and the plaintiffs’ failure to exhaust ordinary legal remedies before filing the constitutional case.

Lawyers Pawlu Lia and Charlon Gouder, appearing for the Muscats, seconded the State Advocate's submissions and asked that the court give a decision as to whether a deceased person can be a party to judicial proceedings, and not the heirs.

“This is a case per excellence where the other party is admitting that they have an ordinary remedy,” Lia said.

The judge asked what they considered to be the ordinary remedy that should have been exhausted.

“There is already an ongoing case today,” Lia said. “The present plaintiffs were not the original plaintiffs, but joined at a later stage and are insisting on certain pleas. They intended to summons a particular witness, but for some reason could not, after that the applicant and his son testified...”

“What is the remedy?” repeated the judge.

“They are saying there was no fair hearing,” Lia replied. “We are before a constitutional court, that is presumably impartial. What is the point of the constitutional case? The other case is still ongoing after the plaintiffs substituted themselves into the position of the defendant. So, they have a remedy.”

State Advocate lawyer Maurizio Cordina added that the libel case is still ongoing and the parties to it also still have the opportunity to appeal an unfavourable outcome.

Comodini Cachia replied that the point of filing the constitutional case was that the applicants are facing allegations before another court but are precluded from exhibiting evidence in their defence.

“The personality of the person murdered is a particular one. All information about her sources died with her. Even if still alive, she would have to protect her sources. Luckily, Daphne Caruana Galizia was diligent enough to immediately file a reply to the libel and, in fact, was murdered three days later. As the heirs are obliged to have the acts transferred on to them, they are in a position where they cannot bring this evidence because they don’t know who these sources are and still have an obligation to protect them.

“It is not a case of winning or losing a libel, but the magistrate hearing the libel needs to hear evidence which I cannot produce. Am I supposed to summons every Tom, Dick and Harry and ask them 'are you the source?'?” Comodini Cachia said, adding that if the Muscats suspected someone, “they can summons them themselves.”

The lawyer explained that she needed this witness to testify about how Caruana Galizia protected her sources.

Lia hit back, telling the judge that Caruana Galizia had testified before the Egrant inquiry three times “and was obliged to say everything she knew and so she did.”

“The source she indicated was [Maria] Efimova and [then magistrate] Aaron Bugeja reached his conclusions.”

Efimova subsequently fled Malta and could not be produced as a witness.

“Are we saying that every case where the defendants cannot bring their witnesses because someone is abroad should be decided in their favour?”

The inquiry had already been exhibited in the libel case in digital form, Lia said, adding it was also published by the AG and is available in the newspapers and so must be physically exhibited in this case.

Before adjourning the case to December, the judge ordered that the legal copy of the libel proceedings exhibited in the constitutional case must also include “every exhibit and annex in any format.”

The police are seeking help from the public to trace the whereabouts of Tristian Farrugia Tedesco, who is wanted in relation to an ongoing court case.

The police issued a statement on Wednesday urging people who have information about the man to pass it on.

People are encouraged to contact the police on Facebook or by calling the Police General Headquarters at 21224001 or 119.

Individuals can visit the nearest police station and quote reference number 22/2023.

The police said that people can choose to remain anonymous when providing information.

As a consequence of the current and ongoing security situation in Israel, Air Malta has cancelled the following flights:

Saturday 14 October KM826 from Malta to Tel Aviv

Saturday 14 October KM827 from Tel Aviv to Malta

Monday 16 October KM826 from Malta to Tel Aviv

Monday 16 October KM827 from Tel Aviv to Malta

Wednesday 18 October KM826 from Malta to Tel Aviv

Wednesday 18 October KM827 from Tel Aviv to Malta

Air Malta regrets any inconvenience caused by this situation, which is completely outside the airline's control but the safety of its passengers and crew members is the top priority, the airline said.

Passengers have the option of either changing their tickets to travel on different dates or changing the destination of their travel or submitting their ticket for a full refund.

Air Malta said it is continually monitoring the security situation in Israel, is in close contact with aviation authorities, and will continually adjust its operations as needed.

The public is asked to direct all enquiries to Air Malta’s Customer Contact Centre and the contact number is +356 21 662 211.

A former technical manager at Associated Supplies Company Limited (AS) was ordered by a court to refund nearly €1.7 million for breaching fiduciary duties.

Joseph Mizzi worked for a company that was negotiating a consultancy agreement with Delimara power station contractor BWSC.

Mizzi had been working for AS since 1989, providing technical assistance. After falling ill, he had requested to be boarded out. A Social Security Department medical board gave the go-ahead and Mizzi resigned from the company.

The consultancy agreement between AS and BWSC was never concluded as the contractor insisted that it would lapse if Mizzi were no longer an AS employee. AS refused to accept the condition.

Following the resignation, AS director Joseph Rizzo realised that Mizzi was still pursuing the project. Rizzo wrote to Mizzi for an explanation, never getting a reply.

BWSC later won the tender, with Mizzi as its agent.

AS sued Mizzi for alleged breach of fiduciary duties in terms of article 1124A of the Civil Code, claiming that the agent had worked without the company’s knowledge to reach his goal of becoming an agent to BWSC. The company argued Mizzi had used the “confidential, private and commercial information” he had obtained for his own gain.

The First Hall of the Civil Court, presided by Madam Justice Anna Felice, noted that the crux of the dispute lay in what Mizzi had done in the months after he was boarded out.

He first received a visit from a BWSC representative, then sought to be boarded out, a few months before he was due to retire. The court said that the meeting with the BWSC representative was not a “casual encounter”.

Mizzi had “pounced” on the opportunity when he fell ill, resigning from AS and ridding himself of any hurdle to act as a personal agent to the contractor, which wanted to engage Mizzi due to his technical expertise.

Such behaviour went against Mizzi’s fiduciary obligations towards his former employer, the court ruled.

Mizzi told the court that he had been paid a one per cent commission on the Delimara project, valued at €165 million.

The court ruled that Mizzi had breached fiduciary obligations and ordered him to pay Associated Supplies €1,697,658.25 by way of damages.

In a collaborative effort between the European Investment Fund (EIF) and Malta's Ministry of European Funds and Lands, small and medium-sized businesses (SMEs) in Malta are set to receive substantial support totalling €16.55 million through the 'Malta Member State Compartment', which is the successor to the successful 'SME Initiative Programme', the government said.

This initiative falls under the umbrella of InvestEU, the European Commission's programme designed to attract investments of at least €372 billion to address European Union policy priorities by 2027.

The primary objective of this EIF-backed InvestEU mandate is to establish an 'SME Competitiveness guarantee instrument.' 

"This new instrument is intended to replace the previously successful SME Initiative Programme, which, with an initial contribution of €29 million, facilitated the creation of a portfolio worth approximately €120 million, supporting over 1,000 SMEs in Malta. The 'Malta Member State Compartment' begins with an initial budget of €16.55 million, comprising €9.48 million from the European Regional Development Fund (ERDF) and €7.07 million from national resources through JEREMIE reflows, which is part of Malta's Multiannual Financial Framework (MFF) allocation. This funding will be directed towards building a loan portfolio amounting to €60 million through the SME Competitiveness Guarantee Instrument," the government said.

"The EIF's investment through InvestEU is expected to have a significant impact on Maltese SMEs by enhancing their access to financing and improving financing conditions. This could lead to lower interest rates and reduced collateral requirements, making it easier for SMEs to obtain the necessary funding for growth and innovation. This proposed mandate represents an expansion of the InvestEU programme, streamlining the implementation model for third-pillar debt mandates. By leveraging the expertise and resources of the EIF, this partnership aims to unlock the full potential of Maltese SMEs, fostering innovation and job creation in the region."

The Minister for the Economy, European Funds and Lands, Silvio Schembri said that SMEs are the backbone of Malta's economy, and the Government will continue to support SMEs, as it always has done for over a decade, and during recent challenges the world faced.

"The instrument will give SMEs more access to finance, addressing the issue of limited access to finance by SMEs. This initiative also makes it more attractive to lending institutions like banks as it shares the risk burden due to the fact that the instrument covers a portion of the amount lent to SMEs, whereby banks can offer more competitive interest rates and longer-term repayments. In other words, it helps address the financing gap that many SMEs face so that they can stay ahead of the game and invest in innovation to meet today's ever increasing technological advancements, boosting economic growth in the process," said Minister Schembri.

Parliamentary Secretary for European Funds, Chris Bonett said that with the help of EU Funds the Government is anticipating a positive impact on the financial landscape for Maltese SMEs whilst ultimately fostering an increase in innovation and job creation in the country.

"This collaboration exemplifies the strength of the InvestEU programme and our commitment to leveraging it effectively. By partnering with the EIF, we are positioning ourselves to unlock the full potential of our SMEs, thereby contributing to the economic prosperity of Malta. Together, we will continue working diligently to support our businesses and ensure Malta's continued growth and competitiveness within the European Union."

Marjut Falkstedt, CEO of EIF, commented on this development, stating: "Malta has been a pioneer in utilizing EIF financial instruments since 2007, and this strategic partnership between EIF and Malta marks a pivotal moment in our ongoing support for the country's SMEs. The positive outcomes achieved through the SME Initiative Programme have exceeded our initial expectations. As we move forward, we are committed to continuing our support for Maltese SMEs to promote sustainable and inclusive growth in the country."

Allegations on Santa Lucija College St Thomas More Secondary School made in a video are “unfounded and untrue,” the Ministry for Education Clifton Grima said on Tuesday.

Over the last few days, a video has been circulating on social media of a woman making several accusations on the school, with a special reference to an episode of a student feeling uncomfortable putting a condom on a banana.

The PSCD subject, which includes sexuality education, is a mandatory subject, the Ministry said before adding that as a subject it is an integral part of the national minimum curriculum. This means that all students are expected to attend PSCD lessons in their entirety in preparation for life.

“During the PSCD lessons suitable resources are used and provided by the department of education and it is not as alleged in the video that it is as if the teacher seizes and decides to make use of other unsuitable material, such as fruit. These lessons are taught at a suitable time and age when the students are 14 years old and therefore have a certain maturity”, the ministry said in a statement.

It further read that every action taken by the school in this regard follows the national direction and the school had contact with the two parents involved in this case.

“The person in the video based everything they said on incorrect information. The Ministry will not tolerate that any action or speech does not affect or publicly expose family situations with repercussions on minors involved.”

The ministry noted that whoever made the video has no idea what the truth and the purpose behind all this is and consciously or otherwise with a lack of knowledge is spreading videos full of misinformation.

“In the same breath the ministry thanks and gives its support to the educators who are doing their duty and teaching syllabi according to what is the educational curriculum in our country.”

Following the recent announcement on 2 October 2023 about the inception of a new airline for the Maltese Islands, Air Malta said Tuesday it wished to provide clarity on the transition process for bookings on or after 31 March 2024.

A paramount aspect of this transition is the handling and management of forward bookings, given the significant implications for customers and the broader Maltese tourism and hospitality sectors. This transition, while crucial, is complex and influenced by numerous external stakeholders.

Initially, Air Malta faced challenges in promptly updating the availability of its flights scheduled on or after 31 March 2024 across its primary booking platform and third-party online reservation systems. This arose as travel partners required an extended period to manage the partial discontinuation of the global selling systems calendar as it integrates within Air Malta’s infrastructure.

Consequently, a partial closure proved unfeasible, compelling the airline to retain the entirety of its active calendar, inclusive of flights scheduled on or after 31 March 2024. The only alternative was full closure, which would have resulted in a significant impact, not just for the airline, but for the Maltese economy.

The airline regrets any transient inconvenience this might have caused to its customers. All reservations for flights on Air Malta for travel on or after 31 March 2024 will be annulled and fully refunded, and this has been communicated clearly to customers and third parties. As explained in the press conference last week, starting 1 November 2023, customers holding tickets for travel on or after 31 March 2024 can initiate their refund process.

Moving forward, Air Malta has announced that it has now closed its reservation systems for bookings intended for travel on or after 31 March 2024. Air Malta also assures its customers that it will operate all scheduled flights until 30 March 2024 and all existing tickets, along with those acquired for travel up to 30 March 2024, will retain their validity.

Flights will continue to operate as scheduled until that date. Starting 1 December 2023, customers can look forward to booking their travels with the new airline, with services commencing on 31 March 2024.

Government is to continue endorsing stability in energy prices in efforts to support local businesses and families, the Prime Minister said on Tuesday.

Abela was speaking during a pre-budget meeting with the Association of Catering Establishments (ACE) in a food establishment in Tas-Sliema.

Abela said that support in this area cannot stop if the country wants to fight inflation.

He referred to the latest figures in the tourist sector which he said showed a record increase in the amount of tourists arriving in Malta.

"Despite these positive results, we must work harder to continue improving the quality of the tourist who comes to Malta. We want to see that we reach a balance between numbers and quality to have a sustainable tourism sector", he said.

On quality of service in the tourism industry, Abela said that Malta needs to give a clear signal of where it wants skills to be improved. He referred to the need for better skills for necessary foreign workers.

The PM also spoke about the importance of dialogue before decisions are taken, but said that ultimately decisions must be made in the interest of the country.

He said that by discussing with key partners such as the Association that represents Catering Establishments, the country can strengthen the sector with a policy that is effective, both on quality and sustainability.

The future of football's European Championship for the next decade was decided Tuesday — the United Kingdom and Ireland will host in 2028 and an unusual Italy-Turkey co-hosting plan was picked for 2032.

There were no losers when the executive committee of European soccer governing body UEFA finally approved the double hosting award that was inevitable after former bid rivals Italy and Turkey united under one flag of convenience in July.

That deal took Turkey out of the Euro 2028 contest where the team of five neighboring UEFA member federations — England, Northern Ireland, Scotland, Wales and Ireland — was long favored to win.

Turkey finally will get to host a European Championship after several failed previous bids, including by one vote against France for the Euro 2016 edition.

Turkey also was likely to lose in any contested vote for 2032 even amid doubts Italy could finish a massive construction project to build and upgrade the stadiums needed for a 24-team, 51-game tournament.

UEFA gains stability over the organization if Italy and Turkey each has to provide just five stadiums despite its own bid rules stating that only neighboring member federations can propose co-hosting.

Rome and Istanbul are separated by about 1,400 kilometers (870 miles) across the Mediterranean Sea and Aegean Sea with flights taking more than two hours.

Co-hosting by five UEFA members in 2028 and two in 2032 follows the radical 13-nation project that was agreed for Euro 2020. It was cut to 11 when the tournament was eventually played during the COVID-19 pandemic one year behind schedule. That final was played at Wembley Stadium in London.

The UEFA picks are not even the most scattered and logistically challenging chosen this month for a major soccer event.

FIFA decided last week to accept just one candidate for hosting the 2030 World Cup spread among six countries and three continents.

A European-led bid that started with Spain and Portugal, then added Morocco, now includes Argentina, Paraguay and inaugural 1930 tournament host Uruguay in a stunning addition revealed six days ago. Ukraine was included in that project last year but was dropped without a public acknowledgement.

The 2030 bidding deal let FIFA fast-track opening the 2034 bidding contest reserved only for member federations from Asia and Oceania that looks a shoo-in for Saudi Arabia.

Though Italy and Turkey both get direct entry to Euro 2032 as hosts, UEFA will not offer five automatic places for the 2028 hosts. One option is putting all five into traditional qualifying groups and awarding the automatic places to the two best records among the non-qualifiers.

The 2028 bid plan has six stadiums in England, led by Wembley Stadium with the club venues of Aston Villa, Manchester City, Newcastle, Tottenham and the under-construction new home of Everton in the docks area of Liverpool. The national stadiums of Ireland, Scotland and Wales will be used plus a planned new stadium in Belfast at the currently derelict Casement Park.

Euro 2024 in Germany is an increasingly rare example in modern soccer of a single host nation.

UEFA has targeted the Euros of 2024 and 2028 to be high-profit tournaments with revenues at each edition of at least 2 billion euros ($2.12 billion). UEFA aims to rebuild its cash reserves above 500 million euros ($528 million) after being depleted during the pandemic.

The men’s European Championship funds much of UEFA’s organizational costs and pays for development funds to 55 member federations.

UEFA expects the program, known as Hat Trick, to invest 935 million euros ($990 million) from 2024-28 paying members about double what they get from FIFA funding in each World Cup cycle.

Two men have been remanded in custody on charges of theft and assaulting police officers in Paceville yesterday morning.

The man, Eritrean Kidu Gebremariam Gebrecharikos, 37, who said he was homeless and unemployed, and Somali national Mustafa Aseyr Ahmed 27, who told the court that he had only held a job for one week in Malta, were arraigned before magistrate Yana Micallef Stafrace, accused of aggravated theft of a mobile phone in St Julian's on 9 October, as well as violently resisting four police, slightly injuring two of them.

Ahmed was also charged with recidivism, while Gebrecharikos was further charged with damaging government property and breaching a suspended sentence.

In the dock today, Gebrecharikos was highly assertive, his body language just sort of aggressive, frequently interrupting the sitting with outbursts.

Prosecuting police inspector Clinton Theuma told the court how yesterday the police had received a phone call, reporting the theft of a phone by “two African men.” From the dock Gebrecharikos shouted objections at being described in that way in the report.

“One of the men stole the phone from an Italian man and ran away, together with another person,” the Inspector said, adding that the victim had given police a perfect description of what the thieves had been wearing.

While officers were on their way to the spot, the police station had received another report of an argument in the same area. The police scoured the area, spotting Gebrecharikos and called him over. When the officers explained why he was being stopped, the man became aggressive and then started walking away, necessitating his being restrained, he said.

Two officers were injured while restraining the man.

The inspector told the court that Gebrecharikos had also lashed out and kicked a police car, causing €950 to €1,000 worth of damage to the vehicle’s side. He was subsequently taken to the police station, where he claimed not to remember what he had done.

Meanwhile, another team of police officers found Mustafa near Havana, he said. “He fit the description exactly.” Mustafa also tried to leave and refused to speak to the police, even though they explained that he was suspected of having stolen the phone.

He, too, had to be restrained and injured another officer during the ensuing scuffle.

The prosecution and defence briefly discussed the case privately with the magistrate before returning to their places in the courtroom.

Defence lawyer Brandon Kirk Muscat informed the magistrate the pair were pleading not guilty. At that point Gebrecharikos started waving his arms around and saying that the allegations were false. “That’s why you’re pleading not guilty” replied the magistrate.

Bail was not requested at this stage.

Mustafa also loudly addressed the magistrate, complaining that the police had all his belongings and that he needed to use his mobile phone. He was escorted out of the courtroom, his loud protestations continuing outside.

The latest Israel-Palestinian war reverberated around the world Tuesday, as foreign governments tried to determine how many of their citizens were dead, missing or in need of medical help or flights home.

Numerous countries also offered to play a role in mediating an end to the fighting, which already has killed at least 1,600 people. The death toll was expected to grow as Israel pummeled the Gaza Strip with airstrikes and sent Palestinians fleeing into U.N. shelters.

Here's what is happening on Day 4 of the conflict:

DOCTORS WITHOUT BORDERS' STAFF CONCERNED ABOUT DWINDLING SUPPPLIES IN GAZA

CAIRO — The head of Doctors Without Borders for the Palestinian territories said he is concerned their team in Gaza will soon run out of medical supplies now that the enclave's borders have closed.

Leo Cans told The Associated Press that he is particularly concerned about the supply of surgical equipment, bandages, antibiotics and fuel. The group, otherwise known as MSF, are currently operating from Shifa Hospital, in Gaza City, and Nasser Hospital in Khan Younis.

“We are just running on the stock we have,” Cans said. The group had previously brought in all its supplies through the Israeli-controlled Kerem Shalom border crossing.

In Gaza, MSF has 300 local staff and 23 international workers, he said.

GERMANY INVESTIGATING KIDNAPPING OF ITS CITIZENS IN ISRAEL

BERLIN — German prosecutors are investigating after German citizens were apparently kidnapped in the attack by Hamas on Israel.

The federal prosecutor’s office said in an emailed statement that the investigation of unknown members of Hamas on suspicion of hostage-taking, murder and membership in a foreign terrorist organization was opened on Tuesday.

The German Foreign Ministry has said it has to assume that an unspecified number of German-Israeli dual citizens were among those kidnapped by Hamas on Saturday.

Chancellor Olaf Scholz said Tuesday that Germany is working closely with Israel to determine how many citizens were kidnapped and how they might be freed.

It is standard practice for German prosecutors to open an investigation when the country’s citizens are harmed abroad.

INDIA'S MODI REITERATES SUPPORT FOR ISRAEL

NEW DELHI — Indian Prime Minister Narendra Modi on Tuesday said he had spoken with Israel’s Prime Minister Benjamin Netanyahu on the phone and thanked him for “providing an update on the ongoing situation."

“People of India stand firmly with Israel in this difficult hour,” Modi wrote on X, the social media platform, and said India strongly condemns terrorism in all forms.

During the Cold War, India didn’t have open relations with Israel and leaned heavily in favor of the Palestinians. The two countries established diplomatic relations in 1992. Ties between the two countries have grown under Modi, who became the first Indian prime minister to visit Israel in 2017.

2 RUSSIAN CITIZENS WERE KILLED IN HAMAS ATTACKS IN ISRAEL

MOSCOW — Russia’s ambassador to Israel said that two Russian citizens have been killed in of the latest Israel-Palestinian war.

Ambassador Anatoly Viktorov didn’t name the victims, saying in remarks broadcast by Russia’s state Channel 1 that the embassy isn’t aware of the circumstances of their deaths and hasn’t contacted their families yet.

Viktorov said that four other Russian citizens remain missing. He said the embassy has no information confirming Hamas’ claim that several Russian citizens were among the hostages it has taken.

FRANCE HAS NO ‘FORMAL TRACE’ OF IRAN'S INVOLVEMENT IN THE ATTACKS, SAYS MACRON

HAMBURG, Germany — French President Emmanuel Macron says his country has no evidence that Iran was directly involved in Hamas’ attack on Israel but the militant group does appear to have had outside help and cooperation.

Iran has been a longtime supporter of Hamas other militant groups, and senior Iranian officials have openly praised Saturday’s incursion.

Asked what Iran’s role in the crisis was after a meeting with German Chancellor Olaf Scholz in Hamburg on Tuesday, Macron said France has “no formal trace” that Iran was directly involved in the attacks.

"It seems that there was help for and cooperation with Hamas but I will stay cautious on this point as long we haven’t consolidated intelligence that is totally certain,” he added, but didn't elaborate further.

Macron said: “We condemn with a lot of clarity all the countries that congratulated the horrors perpetrated by Hamas, which was the case with Iran.”

CLERIC SAYS IRAQ STANDS READY TO SEND SUPPLIES TO GAZA

BAGHDAD — The influential Iraqi Shiite cleric and political leader Muqtada al-Sadr in a speech Tuesday from the city of Najaf urged “all Arabs, especially Egyptians, to open their borders and break the inhumane siege imposed on Gaza, allowing water and food to reach the civilians” and said Iraq stands ready to send supplies to the besieged coastal enclave, although it was unclear how it would do so.

He criticized “Arab rulers who kept silent and did not show any reaction towards this righteous case in order to keep their position,” in reference to Arab countries that have normalized ties with Israel in recent years.

RAFAH CROSSING TO BE EVACUATED UNDER BOMB THREATS, HAMAS SAYS

The Rafah Crossing administration on the Egyptian side informed the Rafah Crossing crews on the Palestinian side to evacuate the crossing immediately due to threats to bomb the crossing, spokesperson for the Hamas Ministry of Interior and National Security Iyad Al-Bazm said Tuesday.

RUSSIA SAYS IT WILL TALK TO ISRAEL AND PALESTINIANS IN HOPES OF REACHING A SETTLEMENT

Kremlin spokesperson Dmitry Peskov said Tuesday that Moscow has been talking to both Israel and the Palestinians to help search for a settlement.

Asked about a claim by the Palestinian ambassador to Moscow that Palestinian leader Mahmoud Abbas will visit Moscow soon, Peskov said that the visit had been planned before the war. He added that Moscow will announce the date after it’s finally determined.

Peskov rejected Ukrainian President Volodymyr Zelenskyy’s claim that Moscow was interested in fueling the war as “totally baseless.”

WHO SAYS MEDICAL SUPPLIES ARE ALREADY USED UP IN GAZA

GENEVA — The United Nations health agency says the medical supplies that it had pre-positioned in seven hospitals in Gaza have already been used up, as needs balloon in the wake of Israel’s military strike against the militant group Hamas.

Spokesperson Tarik Jazarevic of the World Health Organization told a briefing Tuesday that affiliate hospitals had triggered emergency plans to better manage the surge of casualties, “but with the number of casualties currently coming in, these hospitals are now running beyond their capacity.” He said WHO was reprogramming $1 million of its funds to allow for purchases of medical supplies from the local market to fill gaps in need.

The health agency has already called for a humanitarian corridor to be opened to allow new supplies to be ferried into Gaza.

UN AGENCY FOR PALESTINIAN REFUGEES REPORTS SIGNIFICANT DAMAGE FROM AIRSTRIKE

BEIRUT — The United Nations agency for Palestinian refugees, UNRWA, says the building housing its headquarters in Gaza City suffered significant damage because of an airstrike nearby. No casualties among staff were recorded.

UNRWA said Tuesday that all U.N. international staff present in Gaza are taking shelter in another building within the same compound.

Since October 7, UNRWA recorded both collateral and direct damage to at least 18 of its facilities including schools sheltering displaced civilians. It said that until Tuesday, the U.N. estimates that over 187,500 people have been displaced within Gaza, and more than 137,000 people are sheltering in over 80 UNRWA schools across the Gaza Strip.

4 FRENCH CITIZENS HAVE BEEN KILLED BY HAMAS MILITANT ATTACKS IN ISRAEL

PARIS— France’s Foreign Ministry has confirmed the deaths of another two French citizens killed by Hamas militant attacks in Israel, bringing the total number of French victims to four.

The ministry said Tuesday that another 13 French citizens are missing and that some of them have “very likely” been kidnapped. The ministry has previously said that a 12-year-old appears to be among those taken captive.

CYPRUS WILL HELP EVACUEES FROM ISRAEL ON THEIR WAY TO THEIR HOME COUNTRIES

NICOSIA, Cyprus — Cyprus’ Foreign Ministry says the east Mediterranean island nation is now ready to act as a waystation for foreign nationals fleeing Israel.

According to a statement, a crisis management team composed of the ministers of foreign affairs, defense, the interior and justice decided to activate Tuesday a dedicated plan to help evacuees from Israel reach their home countries through Cyprus. That means Cyprus will offer accommodations and other facilities to foreign nationals to help in their repatriation.

European Union member Cyprus’ proximity to the Middle East and Africa has in the past made it a ready transfer point for evacuees from war-torn countries. In April, Cyprus received hundreds of United Kingdom citizens who where evacuated from war-battered Sudan before they returned to Britain. In 2006, Cyprus hosted tens of thousands of foreign nationals fleeing war in Lebanon following Israel’s attack on Hezbollah.

7 JOURNALISTS HAVE BEEN KILLED IN AIRSTRIKES IN GAZA

The Government Media Office in Gaza announced Tuesday that seven journalists have been killed since the beginning of the Israeli airstrikes in Gaza: Ibrahim Lafi, photographer at Ain Media Company; Muhammad Jarghoun, photographer at Smart Media Office; Muhammad Al-Salhi, freelancer; Asaad Shamlikh, freelancer; Saeed Al-Taweel, editor at Alkhamisa News Network; and Muhammad Subh Abu Rizq and Hisham Al-Nawajaha, photographers at Khbr press.

More than 10 journalists have sustained various injuries, and contact was lost with journalists Nidal Al-Wahidi and Haitham Abdel-Wahed.

IRAN REJECTS ALLEGATIONS THAT IT PLAYED A ROLE IN HAMAS ATTACKS

TEHRAN, Iran — Iran’s Supreme Leader Ayatollah Ali Khamenei rejected allegations Tuesday about his country’s role in Hamas attacks against Israel, but said Iran will continue supporting Palestinians, media reported. It was the first reaction to the war by Khamenei, who has final say on all state matters in the country.

However, Khamenei said, “We defend Palestine, we defend the fights.” He praised Palestinians as “capable, smart and courageous” young Palestinians. He said the disaster for Israel came because mistakes by Israel against Palestinians.

AUSTRIA PREPARES TO EVACUATE AUSTRIAN CITIZENS

VIENNA — The Austrian government is preparing to evacuate Austrian citizens who want to leave Israel.

Chancellor Karl Nehammer said during a visit to Ankara, Turkey, that an Austrian air force transport plane will be sent to Cyprus on Wednesday and then to pick up Austrians who want to leave Israel, the Austria Press Agency reported. Once they have arrived in Cyprus, they can continue their journey on scheduled flights. The Foreign Ministry called on Austrians who want to take evacuation flights to register with the embassy in Tel Aviv.

Poland, Hungary and Romania already have flown citizens out of Israel.

THE PALESTINIAN ISLAMIC JIHAD MILITANT GROUP SAYS 2 MEMBERS WERE KILLED

BEIRUT — The Palestinian Islamic Jihad militant group announced Tuesday that two of its members were killed by Israeli fire after crossing from Lebanon into Israel on Monday as part of the Hamas-led attack that started over the weekend. Funerals were set to be held in Ein el-Hilweh on Tuesday.

Islamic Jihad said in a statement that seven Israeli soldiers were wounded in Monday’s cross-border operation, while the Israeli army reported that its troops shot and killed several gunmen who crossed into the country from Lebanon. Israel also intensified shelling of southern Lebanon in response to the incident.

ROMANIA REPATRIATES HUNDREDS MORE OF ITS CITIZENS FROM ISRAEL

BUCHAREST, Romania — Romania’s Ministry of Foreign Affairs says an additional 596 Romanian citizens were repatriated from Israel overnight on four separate flights. Monday night’s repatriation comes after around 600 people were flown back to Romania over the weekend, bringing the total number to at least 1200 in the past few days after Hamas launched its unprecedented attacks against Israel.

AUSTRIA SUSPECTS 3 OF ITS DUAL CITIZENS ARE AMONG THOSE KIDNAPPED BY HAMAS

VIENNA — The Austrian government says three Austrian-Israeli dual citizens may be among the people kidnapped by Hamas during its attack on Israel.

The Foreign Ministry in Vienna said on Tuesday that the three were in southern Israel independently of each other. It said that there is no official confirmation that they were abducted and noted that the situation on the ground is still very unclear.

Several countries have said their citizens were killed or apparently abducted in the attack.

AID AGENCIES TALK TO EGYPT ABOUT WAYS TO SECURE HUMANITARIAN CORRIDORS

CAIRO — The United Nations and other aid agencies were talking with Egypt to send humanitarian aid to the besieged Gaza through the Rafah crossing point between the strip and Egypt’s Sinai Peninsula, an Egyptian official and aid worker said Tuesday. They said Egyptian authorities have contacted Israel and the United States to secure humanitarian corridors in Gaza amid Israel’s unrelenting bombardment of the strip.

Both the official and the aid worker spoke on condition of anonymity because they were not authorized to brief journalists.

The efforts came as Israel sealed it off from food, fuel and other supplies to over 2 million people in Gaza in retaliation for a bloody incursion by Hamas militants.

GAZA'S PARLIAMENT AND CIVILIAN MINISTRIES ARE LEGITIMATE TARGETS, ISRAEL SAYS

In a briefing Tuesday, Israel's military spokesperson said Gaza’s parliament and civilian ministries were legitimate targets in its offensive against Hamas.

Spokesperson Richard Hecht also said that because Israel’s air force is stretched thin, there might not be the same “level of fidelity” in warning targets before strikes. Asked if Israel considered Hamas’ civil government, such as parliament and ministries, legitimate targets, Hecht said “if there’s a gunman firing rockets from there, it turns into a military target.”

President of Malta George Vella left Malta for a visit to Australia on Wednesday afternoon. 

The main objective of this visit will be meeting with the Maltese communities in Melbourne, Adelaide, Canberra and Sydney.

President Vella will also have a series of official meetings, among others, with the Governor-General of the Commonwealth of Australia David Hurley, with Prime Minister Anthony Albanese, with the Leader of the Opposition Peter Dutton, as well as with the Governors of the states he will be visiting.

The delegation of the President of Malta in Australia includes the Minister for Public Works and Planning, Stefan Zrinzo Azzopardi.

For the duration of President Vella’s engagements in Australia, Professor Frank Bezzina will serve as Acting President.

The President will return to Malta on Monday 23rd October 2023.

Top EU officials gathered outside the European Parliament in Brussels for a solemn moment in solidarity with the victims of terror attacks in Israel.

EU Parliament President Roberta Metsola delivered a speech.

"Our presence here - outside the European Parliament - is significant. Our gathering held in the Simone Veil Agora is symbolic. Our voice is important. And our strong stand against terrorism is crucial. October 7th is a day that will go down in global infamy. The world has witnessed Jews being murdered simply because they were Jewish. Again. In Israel. We are here with the President of the European Council, the President of the European Commission, and all of you - as one - to express our solidarity, to condemn the appalling acts of terror and murder and to demand the immediate release of hostages."

Europe, she said, "stands ready to help broker resolutions, but I have said it before and it bears repeating - There is no justification for terrorism. Hamas is a terrorist organisation. They do not represent the legitimate aspirations of the Palestinian people. They do not offer solutions. They offer bloodshed."

"It helps to speak plainly. On October 7th Hamas murdered more than a thousand innocent babies, children, women and men and still hold close to 100 more hostage. They opened fire on hundreds of young people at a music event, killing indiscriminately - including EU nationals. They abducted young girls and boys. They took elderly Holocaust survivors and dragged them out of their homes. They paraded dead people through the streets like trophies."

"This is not a time for whataboutism. We have to be clear about what we are talking about: this is terror in its worst form."

Photo: EU Parliament

The Life Network Foundation has taken exception with a statement made by Studenti Graffitti, the student arm of Moviment Graffitti.

"Graffiti claims that we spread misinformation. This is a complete lie," the Foundation said.

"At Freshers week, we provide services and information to help students pregnant on campus. So much so that this year we had students who came to thank us for the help received. One student was a past resident at our maternity shelter. Two males, one a brother, and another a friend, know of girls who sought and availed themselves of help for themselves and their babies, through the pregnancy and after."

"Our organisation contrary to the claims made by Graffiti presents information in line with the laws of Malta and that protect women and their unborn child. It is those who promote abortion that present the misleading information encouraging mothers in crisis to opt for the killing of their child rather than seeking support that offers a variety of services to mothers facing a challenging pregnancy. "

"An educational institution such as the University of Malta should encourage support for students pregnant on campus. It should promote such values as solidarity , and the protection of life including the promotion of values protected by the laws of this land."

"It is a shame that through such articles, Graffiti try to mislead and tarnish the good work of the staff, volunteers and teachers that work with so much love and dedication to help families including women and children," the Foundation said.

On the 18 March 2021, in the case of ‘Naico Limited v Rosa Limited et.’, the Civil Court (Commercial Section), presided over by Judge Joseph Zammit McKeon, delved into the standard of proof required for ‘unfair prejudice remedy’ actions under Article 402 of the Companies Act (Chapter 386 of the Laws of Malta) (“the Act”) to be successful.

Facts of the Case

The shareholders of Rosa Limited (“the defendant company”) were Naico Limited (“the plaintiff”) and Piccinino Franchising International Venture Limited (“Piccinino”) as minority shareholders and A. Hamruni as majority shareholder. Hamruni was also a director of the defendant company, together with his sister. The defendant company was created to operate as a joint venture between Piccinino and Clothes Import Company. These three companies would make contributions to open a number of shops in Libya.

Consequently, the defendant company started to rent a property in Tripoli, to be used as a shop. This property was suggested by Hamruni. A few weeks after the shop opened, the shop had to close temporarily due to instability in the country. The shop eventually re-opened for business but had to face a number of operational issues, including lost stock, discrepancies in bank balances, as well as a lack of sales.  In February 2017 the situation continued to deteriorate, and it was therefore decided that the defendant company would be dissolved. The defendant directors insisted that the company had not done well due to the type and the price of the stock, and that the location of the shop did not have a bearing on the low sales numbers. It was in this context that the plaintiff company found out that the property which was rented out belonged to Hamruni’s spouse. Hamruni had not informed the plaintiff company about this fact, despite  the plaintiff company’s repeated queries   about the ownership of the property. The plaintiff company believed that this caused prejudice and hence decided to utilize the ‘unfair prejudice remedy’ under Article 402 of the Act. The plaintiff company sued the defendant company and the defendant’s company’s directors, A Hamruni and F. Hamruni, and claimed that the affairs of the defendant company had been conducted in a manner that was oppressive and unfairly prejudicial to the plaintiff company, as a minority shareholder of the defendant company. The plaintiff company also requested for the Court to give appropriate orders, under Article 402 of the Act, for the unfairly prejudicial and oppressive acts to be remedied.

The Court’s Considerations

In its considerations, the Court described the standard of proof required in unfair prejudice remedy actions. The Court provided that for it to give orders under Article 402 of the Act, it is pertinent that the plaintiff proves that the acts challenged have the effect of being:

1.      unfairly prejudicial, or;

2.      oppressive, or;

3.      unfairly discriminatory.

The Court explained that if the acts challenged have the effect of satisfying one or more of the criteria of Article 402(1), the Court may then give orders under Article 402(3), (4) and (5).The Court also clarified that proving one of these effects is sufficient, and therefore it is not necessary for the plaintiff to prove that the act challenged creates all these three effects. Nonetheless, if none of these effects are proven, then the Court cannot give orders under sub-articles 402(3) - 402(5). Therefore, in simple terms, the proof of unfairly prejudicial, or unfairly discriminatory, or oppressive acts against the plaintiff is crucial for the continuation of the action under Article 402 of the Act. The Court proceeded to quote the case of ‘Cutajar pro et noe v S.C. & Company Limited et’, wherein the Court had explained that since the terms ‘unfairly prejudicial’, ‘oppressive’, and ‘unfairly discriminatory’ are not defined under Maltese company law, it was at the Court’s discretion to intervene as appropriate and grant any relevant remedies on a case-by-case basis. As part of its considerations, the Court also referred to a number of local and UK court judgements as well as legal doctrine on Article 402.

Ruling of the Court

The Court then moved on to analyse whether the plaintiff company managed to satisfy the standard of proof required in unfair prejudice remedy actions. The Court observed that the shop was opened at a time of great instability in Libya. Therefore, the shareholders of the defendant company took a big risk, and the failure of the defendant company could not be blamed on the fact that the shareholders did not know that the shop was being rented from Hamruni’s spouse. The Court noted that representatives of the plaintiff had travelled to Tripoli in search of an adequate and central site for their shop, however, they had ultimately decided to trust their Libyan partners due to their better understanding of the Libyan market. The Court also noted that the plaintiff had not insisted to see the rental agreement of the shop, and that furthermore, no searches had been carried out on the site. Consequently, the Court ruled that the rental situation was not the reason why the shop failed and does not fulfil the requirements of Article 402. On the basis of the proof presented, the Court stated that plaintiff company failed to satisfy the requisites of an unfair prejudice action in terms of Article 402, and accordingly the Court decided not to give an order under Article 402(3).

Disclaimer: Ganado Advocates is responsible for contributing this law report but was not in any way involved as legal advisor for the parties in the judgement being covered in this law report.

Nico Fauser is an Advocate at Ganado Advocates

This article was co-authored with Roberta Attard, a Trainee Advocate at Ganado Advocates.

Car dealer and alleged kidnapper Christian Borg has been fined €3,000 over health and safety violations at a construction site he was developing, in which Prime Minister Robert Abela and his wife also held a stake.

In June 2018, Abela and his wife Lydia had signed a deal to purchase a plot of land in Triq il-Karmnu, Żabbar.

That same day, Borg received Planning Authority permission to build nine apartments and garages on that plot of land - despite having no apparent connection to the property at the time.

Borg then acquired the site for €315,000 on 29 November, 2018.

Borg had been granted planning permission to build an apartment and garage complex on the same day that he bought the plot co-owned by the Abelas in Żabbar.

The Abelas later sold their stake to Borg, making a €45,000 profit. Abela had been providing legal advice to both Borg and the Planning Authority at the time the deal took place.

Borg found guilty of health and safety violations

Borg, in his capacity as project supervisor, was prosecuted in 2022 over the failure to comply with occupational health and safety regulations which stipulate the minimum health and safety requirements that must be in place at construction sites.

He was charged after an OHSA site inspection in September 2022, which revealed a number of dangerous health and safety violations. Several balconies had no barriers set up to prevent workers from falling off and workers had to access the site by walking over some narrow wooden planks laid across a ditch.

In addition to this, Borg had not attempted to control access to the construction site. The rear portion of the site was easily accessible to the public and the front gate was a simple wooden plank that could easily be bypassed.

Delivering judgement in the criminal case, Magistrate Rachel Montebello noted that the September 2022 inspection had been the site’s fourth. The risks had already been repeatedly flagged by inspections in July 2020, January 2021 and October 2021.

Finding Borg guilty of the charges, the court fined him €3,000.

A draft bill allowing 16- and 17-year-olds to become mayors and deputy mayors has been approved by Cabinet, Parliamentary Secretary for Local Government Alison Zerafa Civelli said on Wednesday.

During a press conference held in the Parliament building, Zerafa Civelli said that the bill will be now presented in parliament for discussion.

She said that now, anyone elected with the most votes, coming from the party with the majority of votes can be elected as mayor or deputy mayor, irrespective of age. Until now, 16- and 17-year-olds could contest but could not be appointed mayors even if they are the candidates who obtain the highest number of votes.

Local Government Minister Owen Bonnici said “the proof of the pudding is in the eating”, when referring to the government’s confidence in the country’s youth, adding that Malta is set to become the first country where 16-year-olds are given the opportunity to become mayors.

“We believe that we have to continue strengthening our confidencein young people,” he said, adding that this event is going in the “the history books of this country’s democracy”.

Going on a personal note, he said that when his political career took off at the age of 20 years old, it was seen as something strange as there weren’t many his age.

“I had decided that this needs to change,” he said adding that this new draft law shall bring new ‘blood’ into politics.

The minister was also asked about the maturity level needed for a 16-year-old to administer public funds.

He said that, back in 2019, 16-year-old showed a lot of enthusiasm as they were given the right to vote. Moreover, he said that from results of the last local council elections, there were many under 18-year-olds who “got very good results”.

“I have no doubt that history is going to look back at this as a step towards the completion of democracy for this country,” he said.

Bonnici was also asked about the removal of powers from local councils, with mayors contending that councils had lost much of their autonomy in the past years.

The minister denied this and said that this is another invention by the opposition.

On the contrary, he said that the government has given more powers along the years, with the most recent one being on deciding whether to give permission for caravan placing.

Moreover he also said that the government has also given more powers thanks to the launch of the regional local council.

Gender Equality mechanism to be studied before local council elections implementation - Minister

The Gender equality mechanism needs to be studied and analysed in detail before government commits itself to implementing it in the next local council elections, he said.

Last May, the same minister announced the National Strategic Vision for Local Governments from 2023-2030 proposing the implementation of the gender equality mechanism, in efforts to ensure equality in the representation of genders in local governments.

He had also said that a study will be carried out on this, which will be concluded in time for this to be implemented for the 2024 local council elections. The strategy mentioned how this will be similar to the gender quota which was implemented in parliament where both PN and PL had to have six women MPs, however, there may be some differences to make it suitable for local governments.

Finance Minister Clyde Caruana does not seem to have an idyllic relationship with the Prime Minister. Earlier this summer, there were reports that the two exchanged heated words during a Cabinet meeting.

It is clear that the two are not on the same page on important matters.

When, in April this year, Caruana said that the economy must rest on everything except construction, Abela did not repeat these words. This means that the government is not on board with Caruana’s idea.

When, two months later in June, Caruana said that Malta needs to change its economic model as otherwise it would need a population of 800,000 by 2040 if it is to sustain itself as it is, Abela must have winced.

Caruana had touched on two subjects, linked to each other, about which there in an increasing concern among the people.

The ever expanding construction industry has come about as a result of the population growth policy that the Labour government has endorsed since 2013, first with Joseph Muscat as Prime Minister, and later with Robert Abela.

Malta’s population has jumped to 550,000 from the 425,000 there were 10 years ago, which meant more confusion, more traffic problems, more environmental issues, more energy difficulties, more education trouble, more infrastructure struggles and so on and so forth.

Muscat first, and Abela now, deny, or at least ignore, that there is a population density problem in Malta. But it is evident to all those who want to see that the situation is not sustainable.

Caruana appears to be the only one in the Cabinet of Ministers who sees it as it is. The other ministers and parliamentary secretaries have not said anything about it, except for Silvio Schembri who had reportedly said that the model needs to be adjusted to reflect the country’s needs, but not changed. They may be grumbling among themselves, or else making their points in closed Cabinet and parliamentary group meetings, but Caruana is the only minister to have openly and publicly highlighted the matter.

But he has a huge mountain to climb, and this takes the shape of his chief, Robert Abela, who is not inclined to accept that there is a need to change Malta’s economic model.

Caruana has the backing of constituted bodies, in particular employers, who have expressed their concern about Malta’s current economic model, and are pushing for changes which only the government, as the country’s administrator, can implement.

The latest intervention came from the Chief Executive Officer of the Chamber of Commerce, Marthese Portelli who, in an interview with this media house, said the economic model must be changed from one which is input-driven to one which is growth-driven, and more based on value-added.

The economic model, she insisted, needs to be put on a more sustainable footing. Economic growth based on less labour input will help improve the quality of life and rein in the stress on Malta’s infrastructure at all levels.

For Caruana to have it his way, and in the way that is being advocated by entities like the Chamber of Commerce, he must first convince his own leader and Prime Minister.

The government is in the process of compiling its plans for next year, in what is commonly known as Budget Day. We will learn more about the government’s intentions when Caruana reads his speech on 30 October.

A nine-year-old girl suffered serious injuries when she fell onto a glass door which shattered, the police said.

The accident took place at 6.30pm on Wednesday in Guzeppi Bajada Street, Xaghra.

The girl, of Spanish nationality, was taken to Gozo Hospital with serious injuries.

Magistrate Brigitte Sultana is leading an inquiry.

An elderly man has died after he found himself in difficulty while swimming in Marsascala on Tuesday, the police said Wednesday.

The man, aged 80, of Zejtun, was swimming in St Thomas Bay.

He was certified dead on site.

Magistrate Yana Micallef Stafrace is leading an inquiry.