Court Notices published in Govt. Gazette No. 20,752 of 17th December 2021

By decree of the 07th December, 2021 following a judgement given by the Civil Court, First Hall on the 26th November,2020 on the application number 889/18 given by the Honourable Judge Francesco Depasquale in the names of Agius Robert Anthony (ID258389M) Vs Callus Kirsty (ID358992M), Tuesday, 10th May, 2022 at half past ten in the morning (10:30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta, of the following property.

Tenement internally marked with number nine (9) entrance letter 'C', forming part of Binja l-Imsierah, in Triq tal-Balal, San Ġwann, situated on the fourth floor, including the undivided share of the common area and the roof and valued at circa of two hundred thousand euro (€200,000)

The said tenement is the property of Agius Robert Anthony (ID258389M) u Callus Kirsty (ID358992M) as per quotes indicated on the judgement given by the Hon. Judge Francesco Depasquale on the 26th November, 2020 in the names of Agius Robert Anthony (ID258389M) Vs Callus Kirsty (ID358992M) in application number 889/18

N.B. The said tenement will be sold as described in the acts of judicial sales number 51/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 19th May 2021, Application number 798/2021 by Luisa Debono et whereby they requested that it will be declared open in favour of Luisa Debono and Paul Apap Bologna in equal shares between them that is one half (1/2) undivided share each one of them the SUCCESSION of their mother Maria Helena sive Mariella Apap Bologna, widow of the Nobel Maġistrat Joseph Apap Bologna, daughter of Rudolph Stilon and Giovanna sive Joan Farrugia, born in San Ġiljan, Malta, resided in Mosta, Malta and died in Imsida, Malta on the 15th February 2021 aged 62 and who held identity card number 550558(M).

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 7th October 2021, Application number 1706/2021 by Andrea Micallef, whereby following the application Mario Micallef, married to Maria Theresa Caruana, son of Andrew Micallef and Vincenza nèe Pace, born in Pietà on the 18th November 1967 aged 54 and holding identity card number 486067(M) was interdicted from all the acts of the civil life by means of a decree given on the 24th November 2021.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th November 2021, Application number 1981/2021 by Rosaria sive Rose Falzon whereby she requested that it will be declared open in her favour the SUCCESSION of her husband Giuseppe Falzon, husband of Rosaria sive Rose Falzon, son of the late Giuseppe Falzon and Giuseppa Falzon neè Ebejer, born in Ħal Balzan, Malta, resided in Ħal Balzan, Malta and died in Ħal Balzan, Malta on the 7th May 2021 aged 84 and who held identity card number 0468036(M).

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 10th November 2021, Application number 1971/2021 by Mary Carmen Darmanin et whereby they requested that it will be declared open in favour of Mary Carmen Darmanin wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour Aaron Darmanin and Marvin Darmanin children of the decujus in equal shares between them the SUCCESSION of Walter Darmanin, husband of Mary Carmen Darmanin, son of Francis Darmanin and Dolores Darmanin neè Vella, born in Ħal Luqa, Malta, resided in Bormla, Malta and died in Imsida, Malta on the 26th May 2021 aged 68 and who held identity card number 852852(M).

Wherefore any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th November, 2021, Application number 1943/2021, by Pamela Enna et whereby they requested that it will be declared open in favour of Pamela Enna wife of the decujus in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of his minor children Siria Burgio and Miryam Burgio in equal shares between them the succession of Gabriele Burgio, husband of Pamela Enna, son of Mario Burgio and Carla née Monteleone, born in Palermo, Italy, resided in Ħaż-Żabbar, Malta, and died in Ħaż-Żabbar, Malta, on the 17th May, 2021, aged 37, and who held identity card number 82506A.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st November, 2021, Application number 1869/2021, by Analise Busuttil et whereby they requested that it will be declared open in favour of Analise Busuttil, Nicholas Busuttil Gafà and Michelle Busuttil children of the decujus in the quota of one third (1/3) undivided share each one of them the succession of Carmel sive Charles Busuttil, legally separated from Anna Maria Busuttil née Falzon, son of the late Joseph Busuttil and Giovanna Busuttil née Copperstone, born in Tal-Pietà, Malta, resided in Mosta, Malta, and died in Msida, Malta, on the 17th April, 2021, aged 64, and who held identity card number 0035457M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 17th November, 2021, Application number 2024/2021, by Graziella Camilleri et whereby they requested that it will be declared open in favour of Graziella Camilleri and Antoine Camilleri in equal shares between them the succession of their father Mikiel sive Michael Camilleri, widower of Margaret Camilleri, son of the late Indri Camilleri and Tereza Camilleri née Pace, born in Ħaż-Żabbar, Malta, resided in Ħaż-Żabbar, Malta, and died in Msida, Malta, on the 4th June, 2021, aged 78, and who held identity card number 364842M.

Wherefore, any person who believes to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Alexandra Debattista

For the Registrar, Civil Court and Tribunals

By means of a decree of the 6th December, 2021, handed down by the First Hall, Civil Court in the records of the judicial letter number 4761/2021 in the names HSBC Bank Malta plc vs Albert Formosa the following publication was ordered for the purpose of effecting service on the respondent Albert Formosa in terms of Article 187(3) et sequitur of Cap. 12.

First Hall, Civil Court

To Albert Formosa (ID 760840M) of 24, Pantok, Fuq il-Gonna, Swieqi

By the present means, HSBC Bank Malta plc (C3177) of 116, Triq l-Arcisqof, Valletta, whilst making reference to monies in the sum of two hundred and seven thousand eight hundred and eighty eight Euro and seventy nine cents (€207,888.79) which sum was released to you by the interpellant company, on the 11th January 2011, which monies were representing funds due to the heirs of the deceased Alfred Formosa, of whom you are a co-heir along with your siblings, calls on you to give an account of how these monies were satisfactorily distributed and paid to the heirs of the mentioned Alfred Formosa.

At the same time, the interpellant company is keeping firm whatsoever right at law it may have to request from you the mentioned funds or any part thereof, in the event that it results that the release of monies occurred by mistake and/or it results that the interpellant company is constrained to replenish the said accounts.

In default, the bank reserves all its rights at law.

This letter is being sent for all intents at Law, including those relative to article 2128 of Cap. 16 of the Laws of Malta.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals

By virtue of a decree given on 10th December, 2021, by the Court of Magistrates (Gozo), Superior Jurisdiction, General Section, the Court ordered that the extract reproduced below be published for the purposes of service in accordance with Article 187 (3) of the Code of Organisation and Civil Procedure (Cap. 12 of the laws of Malta), and this in relation to the company Salvu Mintoff & Sons Limited (C5093) of 53, Triq il-Kapuċċini , Victoria, Gozo:

In the Court of Magistrates (Gozo)

Superior Jurisdiction, General Section

Warrant of Prohibitory Injunction number 49/2021

(Applicant) Road Construction Co. Ltd (C15677) of Tarmac Plant, Żebbuġ Road, Victoria, Gozo

Versus

(Respondent) Salvu Mintoff & Sons Limited (C5093) of 53, Triq il-Kapuċċini, Victoria, Gozo

Application by Road Construction Co. Ltd (C15677)

It is stated with respect and confirmed on oath:

That the applicant has an interest in protecting the rights of the applicant;

That the applicant, in order to protect his rights, wishes to prevent the respondent from:

Making or continues to make alterations, including by means of digging, excavation, cutting or hauling of rock and other material, from any part of the land known as 'Tal-Qasam' or 'Ta' Għar id-Dar' or 'Tal-Ħawli', within the limits of Qala, Gozo, as best indicated in yellow on the attached plan marked as Document RC1, and taking for itself, or in any other manner reduces from the rock and material there is still to this day on the surface of this land or beneath it.

By contract of Notary Dr Krystle Frendo Galea of the 17th September, 2018, the applicant acquired the temporary utile dominium of this land for the commercial purpose of rock cutting and trading in raw material (Document RC2).

Respondent Salvu Mintoff & Sons Limited has entered and is occupying this land without legal right. It claims to have title by virtue of two deeds of 14th April, 1998, and 28th April, 1998 (Documents RC3 and RC4) which, however, were declared to have been entered into with those who had no legal representation of the direct owner of the land, and this in accordance with a judgment of the Court of Appeal in the names Joseph Aquilina noe vs Richard dei Conti Stagno Navarra (Case No. 584/1992) delivered on 29th November, 2013 (Document RC5). The same respondent was informed from the outset of that possibility, so much so that it acknowledged it in writing in the same agreements. This issue forms the merits of a lawsuit that the applicant has pending against the same respondent, in the names Road Construction Co. Ltd v Salvu Mintoff & Sons Limited (Sworn Application number 185/2019 BS), which is adjourned before this Court for the 5th March, 2021 (Document RC6).

Despite this, the respondent company still not only occupied this land, but began to dredge, cut and take the rocks and raw materials at a rapid pace, in clear violation of the rights of the applicants.

As a precautionary measure, the applicant requested, on two separate occasions, that an injunction be issued, both under the names Road Construction Co. Limited vs Salvu Mintoff & Sons Limited (Warrant number 2078/2018 JZM and Warrant number 578/2019MH). In both cases, the First Hall of the Civil Court held that the damage to the applicant was not irreparable because “prejudice to the applicant's right to claim for damages from the respondent all losses incurred in the exploitation of the site made by the respondent" (Document RC7) and then because “it has other avenues that it can choose and take in order to exercise due safeguard" (Document RC8).

Meanwhile, the respondent Salvu Mintoff & Sons Limited continued to exploit and trade the rocks from this land for its own gain. At the same time, however, it divested itself of all its assets, evidently taking an early safeguard against the eventual claims for damages incurred by the applicant. From searches conducted by applicant, the respondent disposed of all its assets in favour of Gatt Enterprises Limited in such a way that the respondent now has no more assets, but only debt (Document RC9 and RC10).

As a result, the applicant was also required to initiate an action for damages against said Salvu Mintoff & Sons Limited, and against its directors, officers and shareholders, and associated companies (Document RC11). At the same time, on October 7th, 2020, it also filed a garnishee order against the respondent, and against Gatt Development Limited, Raymond Gatt, Ronnie Gatt, William Gatt, Benigno sive Benny Gatt, Joseph Gatt, and Mariano and Mario Gatt., which garnishee order was confirmed in the amount of one million, seven thousand, one hundred and seventy-five euro (€1,007,175) by this Court by order of 18th December, 2020 (Document RC12).

As a result of this garnishee order, only around €65,000 were seized, which were deposited immediately after the submission of the garnishee order, by means of two schedules of deposit of the 27th October, 2020. The sum of €60,000 of which was taken from a personal account of Joseph Gatt alone (Document RC13 and RC14). As no further deposit was made, the applicant filed a warrant of prohibitory injunction in the names Road Construction Co. Ltd v Salvu Mintoff & Sons Ltd (Warrant number 11/2021 BS) which was definitively acceded to by decree of this Court of 16th March, 2021 (Document RC13).

Subsequently, Gatt Developments Limited lodged a bank guarantee in the amount decided by this Court of €1,007,175 and consequently obtained the revocation of the injunction by decree of 30th April, 2021 (Document RC14).

Since then, the respondent company Salvu Mintoff & Sons Ltd has carried on continuously and at a steady pace with the work of cutting rocks from the land of the applicant.

On 25th June, 2021, the applicant filed another garnishee order (Garnishee number 85/2021 BS) in order to safeguard against the amount of further damage sustained by it as a result of the rock-cutting work from the date of the garnishee order of 7th October, 2020 (Garnishee Order number 98/2020. The amount of damages of €3,389,875 was determined by Architect John Saliba (Document RC15) on a survey carried out by Surveyor Louis Attard (Document RC16). Out of this attachment, the amount set by this Honourable Court by its order of 18th December, 2020, has been deducted.

So far, and therefore four and a half months later, only the sum of €130,599.09 has been deposited (prior to the costs) by means of schedule of deposit number 178/2021 (Document RC16) of which €122,947 belonged to Gatt Enterprises Limited and only the sum of €2,664.09 belonged to the respondent Salvu Mintoff & Sons Ltd. By means of the other schedule of deposit number 187/2021 (Document RC17) the sum of €1,776.31 belonging to Salvu Mintoff & Sons Limited was deposited. These amounts were deposited on 16th July, 2021, and 22nd July, 2021, respectively and no other amounts were deposited as evidenced by searches in the electronic data system of the Court (Document RC18).

It is therefore proved again, at least up to the prima facie level, that the applicant will have no means of satisfying its substantive claims, both for the claim of the land belonging to it, which no longer exists as it was taken on lease, and also for the reimbursement of profits which will have been unlawfully and abusively lost, except that this Court upholds this prohibitory injunction. The irreparability of the damage already suffered by the applicant is now confirmed by the outcome of the garnishee order filed by it against the respondent, and its associates.

In all this context, the applicant has an immediate interest in preventing the respondent from continuing with the works on the land in question, in order not to further increase the irreparable prejudice of the applicant. The applicant's right to claim in respect of his property, arbitrarily seized and destroyed by the respondents for their exclusive financial advantage, is already definitively prejudiced, without the availability of an effective remedy, and if this Court does not definitively issue this prohibitory injunction, the fundamental rights of the applicant for the peaceful enjoyment of its possessions and for effective redress as protected by Articles 13 and 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Cap. 319 of the Laws of Malta) will continue to be permanently violated. If the applicant is proved right in the case that has been pending for almost three years, it will not have a way to recover its property as they were when they were usurped to its detriment by the respondents. On the other hand, if this warrant is granted, the respondent will suffer absolutely nothing, because the land and all that is left on it that can be cut, worked and/or traded will remain intact and at the full disposal of those who are recognized as having the right to work when the proceeding are decided on their merits.

In the mentioned circumstances, it is therefore necessary for this Court to order the issuance of this warrant against the respondent with immediate effect.

Adv. Phyllis Aquilina; Adv. Alessandro Lia

162, Triq l-Ifran, Valletta VLT 1455

Applicant: Road Construction Co. Ltd, Tarmac Plant, Żebbuġ Road, Victoria, Gozo

Respondent: Salvu Mintoff & Sons Ltd, 53, Triq il-Kapuċċini, Victoria, Gozo

Confirmed before me on oath after reading the contents and in the presence of … as a witness of identity, and presented by Victor Hili (identity card number 57362G) together with nineteen (19) attached documents.

(signed) Daniel Sacco

Deputy Registrar

By virtue of a decree of 12th November, 2021, the Court provisionally upheld the request and ordered service on the respondent company conceding it four days for its reply, whilst scheduling the application for hearing for 19th November, 2021, at 2.45 p.m.

The hearing of this application is now adjourned for the 14th January, 2022, at 10.30 a.m. at the Gozo Courts.

Issued by the Gozo Court Registry, today 14 December, 2021

Dorianne Cordina

Deputy Registrar

For the Registrar Courts and Tribunals (Gozo)

By decree given by the Civil Court, First Hall, on the 15th December, 2021, on the application of HSBC Bank Malta plc (C3177), Tuesday, 15th March, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment number three (3) marked letter 'E', situated on the third floor level forming part of a block of apartments number 253 and 255, Triq D'Argens, Gżira, subject and enjoys active and passive servitudes resulting from its position, with perpetual usage right of the common block areas and which areas include the block entrance, the stairs and stairwell up till the roof, the lifts and the lift shaft and the right of usage of the roof only to install and maintain the water tank and television aerial or satellite dish on it, with right of access to the roof in reasonable hours for maintenance of same services. The apartment has direct access from the common areas from Triq D'Argens, served with a lift not yet installed, free and unencumbered, with all its rights and appurtenance, and valued at two hundred and five thousand euro (€205,000).

The said tenement is the property of Nawafleh Abdallah Ahmed (ID 24907A).

N.B. The said tenement will be sold as described in the acts of judicial sales number 56/2019.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By means of a decree given, by the Civil Court First Hall, on the 28th May, 2021, in the records of the Warrant of Eviction, in the names Bank of Valletta plc (C2831) vs Wayne Cassar (ID 75878M) the following publication was ordered for of service of the respondent Wayne Cassar, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed, in the First Hall Civil Court, in the names (Applicant) Bank of Valletta plc (C2833) vs (Respondent) Wayne Cassar (ID 75878M) on the 11th June 2020, the applicant Bank of Valletta plc asked respectfully:

That this Honourable Court order the issuing of a Warrant of Eviction against the respondent (from the under mentioned premises) in execution of the under mentioned judgement and whereas the respondent failed to do this till this day.

Premises: Maisonette on the second floor marked with number 75 and with the name 'Kimron' overlying a block of garages and overlying another maisonette property of George and Carmen spouses Ciappara or their successors in title which maisonette is in Santa Venera, in Triq l-Erbatax ta' Novembru prevously known as Triq gdida without name previously Triq Abela abutting on Triq Ġużè Pace which maisonette together with other property are built on plot number thirty seven (37) , the maisonette has the water drains and drainage system in common with the other property in the block, with a right of access from the underlying property for the purpose of maintenance and repair the mainsonette is subject to the servitudes of windows and rain water, drains and drainage pipes and is subject to the servitude and enjoys those servitudes resulting from its position , as better described in this warrant and valued to cost one hundred ninety thousand euro (€190,000.00).

Warrant of Eviction

Republic of Malta

To the Court Marshall

Whereas in virtue of the judgement given by this Court, as mentioned in the above application there is the order for eviction of the respondent from the premises above mentioned.

And after doing this or if you encounter any difficulty in the execution of this warrant you are to inform this Court forthwith.

Given by the Civil Court, First Hall, with the witness of the Mr Justice Toni Abela, LLD.

Applicant: Bank of Valletta (C2833) 1/5, Palace Square, Valletta

Respondent: Wayne Cassar, 75, Cadsa Kimron, Triq l-Erbatax ta' Novembru, Santa Venera

Illum 17 ta' Ġunju, 2020

Adv. Frank Portelli, LLD

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 23rd November, 2021, on the application of Bank of Valletta plc (C2833), Thursday, 27th January, 2022, at half past eleven in the morning (11.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Level -1, Nearby the Courts Archives, Triq ir-Repubblika, Valletta, of the following property:

Restaurant on groundfloor level, with an underground level with parts under the groundfloor level and the front garden named Cote d'Azur Restaurant in Triq tal-Buttar, corner with Triq Sant'Antnin Marsaskala, excluding its airspace and underlying third party residential apartments built on plots numbered two hundred and eleven (211), two hundred and twelve (212) and two hundred and thirteen (213), forming parts on the land known as 'Il-Barumbara' sive 'Il-Maghluq', bounded on the north by Triq Sant'Antnin, on the east by a new unnamed road and on the west by property of Barumbara Limited or its successors in title, or other correct boundaries, with all its rights and appurtenances, as better described in the contract of acquisition of tenth September, one thousand nine hundred and ninety two (10.09.1992) in the acts of Notary Dr Joseph Tabone and is valued at one million and eight hundred thousand euro (€1,800,000).

The said tenement is the property of Geomike Limited (C8820).

N.B. The said tenement will be sold as described in the acts of judicial sales number 17/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

By decree given by the Civil Court, First Hall, on the 14th October, 2021, on the application of Bank of Valletta plc (C2833), Tuesday, 8th February, 2022, at half past ten in the morning (10.30 a.m.), has been fixed for the Sale by Auction, to be held in Room Number 78, Nearby the Courts Archives, Level -1, Courts of Justice, Triq ir-Repubblika, Valletta, of the following property:

Apartment situated on the first (1st) floor, internally marked number one (1), forming part of a two block apartment, which block of apartments are officially numbered fifty two (52), named 'Ivory", overlying a block of garages and shop on ground floor level belonging to third parties, in Triq Lia, Ħaż-Żabbar, subject to the rate of annual and perpetual ground rent of thirteen euro and ninety eight cent (€13.98) part of a larger annual and perpetual ground rent of twenty nine euro and twenty six cent (€29.26), rivisible on the first January, two thousand and forty seven (01.01.2047), with all its rights and appurtenances, including the divided part of the roof including its airspace as well as the washroom as better shown in the plan in the contract dated twenty fifth October, two thousand and seven (25.10.2007) in the acts of Notary Bartolomeo Micallef, with the right of passage to the other roof area for access purposes only, including the undived share of the areas intended for the common use together with the other owners of the same block, with the obligation that the owners contribute the pro rate share for maintenance and repair of the common areas and to not obstruct the common areas with personal effects, as better described in the contract in the acts of Notary Pierre Cassar dated thirty-first October, two thousand and three (31.10.2003), valued at two hundred and fifty thousand euro (€250,000).

The said tenement is the property of Montebello Carlo (ID 38575M) and Montebello Silvana (ID 447375M).

N.B. The said tenement will be sold as described in the acts of judicial sales number 27/2020.

Gaetana Aquilina

For the Registrar, Civil Courts and Tribunals

ARB/C023/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 17th November, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD). Compilation Number 198/2021, in the case:

The Republic of Malta

Versus

FLORINDA SULTANA, works in catering, 29 years, daughter of Mark and Odette née Goodlip, born in Tal-Pietà, Malta, on the 27th September, 1991, residing at Blk J, Fl 5, Triq iż-Żnuber, Santa Luċija, and holder of Maltese identity card bearing number 491291M.

NESVAN COMPANY LIMITED;

AND

MS1 CATERING LIMITED;

The Court AUTHORISES the accused FLORINDA SULTANA to transfer funds in favour of her defence counsel for services rendered, which funds are to be withdrawn from the bank account listed in the name of the accused ending in -2204 held at the Bank of Valletta plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech LLD) on the 12th April, 2021 which was published in the Government Gazette on the 16th April, 2021 where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to FLORINDA SULTANA, Nesvan Company Limited and MS1 Catering Limited.

Acting Director, Asset Recovery Bureau

ARB/C044/2021 – VARIATION OF SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 6th December, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras LLD). Compilation Number 196/2021, in the case:

The Republic of Malta

Versus

CARLOS DIMECH;

KEITH TESTA, manager and director, 30 years, son of Vincent and Carmen née Azzopardi, born in Tal-Pietà, Malta, on the 19th August, 1991, residing at 7, Helen, Triq it-Torri Wejter, Birkirkara and holder of Maltese identity card bearing number 416691M.

AND

PIETÀ MARINA CATERERS LIMITED;

The Court AUTHORISED the accused KEITH TESTA to pay third parties as listed in the Court decree dated 6th December, 2021, the sum of twelve thousand, five hundred euro (€12,500) from bank account ending -9282 which is held by the accused KEITH TESTA and a third party with Bank of Valletta plc.

This variation is being published in terms of Section 5 (3) of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta and Article 36 (4) of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta, following a seizing and freezing order which decree was given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Natasha Galea Sciberras, LLD) on the 23rd June, 2021, which was published in the Government Gazette on the 28th June, 2021, where the court ordered the attachment in the hands of third parties in general of all moneys and other movable or immovable property due or pertaining or belonging to Carlos Dimech, KEITH TESTA, and Pietà Marina Caterers Limited.

Acting Director, Asset Recovery Bureau

ARB/C095/2021 – SEIZING AND FREEZING ORDER

IT IS BEING NOTIFIED that by a decree dated 18th November, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (il-Magistrate Dr Josette Demicoli, LLD). Compilation Number 726/2021, in the case:

The Police

(Inspector Justine Grech)

(Inspector Tonjoe Farrugia)

Versus

MELCHIOR PORTELLI, car washer, 24 years, son of Charles Portelli and Pauline Ellul née Ellul, born in Tal-Pietà, Malta, on the 5th August, 1997, residing at 37, Triq il-Għaqda, Ħal Qormi, and/or Redentur, Triq is-Serkin, Marsa, and holder of Maltese identity card bearing number 305997M.

LOREDANA AGIUS;

AND

LYDON PORTELLI, car washer, 18 years, son of Charles Portelli and Pauline Ellul née Ellul, born in Tal-Pietà, Malta, on the 5th December, 2003, residing at 37, Triq il-Għaqda, Ħal Qormi, and/or Redentur, Triq is-Serkin, Marsa, and holder of Maltese identity card bearing number 434803L.

ORDERED the attachment in the hands of third parties in general of all moneys and other movable property due to or pertaining or belonging to MELCHIOR PORTELLI and LYDON PORTELLI and prohibits the accused from transferring, pledging, hypothecating or otherwise changing or disposing of any immovable or movable property owned or otherwise held by them, in terms of Article 36 of the Proceeds of Crime Act, Cap. 621 of the Laws of Malta.

ORDERED the attachment in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to MELCHIOR PORTELLI and LYDON PORTELLI and prohibits the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property, in terms of Article 22A of the Dangerous Drugs Ordinance, Cap. 101 of the Laws of Malta, Article 5 of the Prevention of Money Laundering Act, Cap. 373 of the Laws of Malta, and Article 23A of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court AUTHORIZED each of the accused MELCHIOR PORTELLI and LYDON PORTELLI to receive the amount of thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) per year, provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these moneys are taken or the accused themselves may indicate to the Court from which account they are perceiving the moneys indicated.

Any person who acts in contravention of the court order as mentioned in Article 36, Article 22A, Article 5, and Article 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding twelve thousand euro (€12,000), or to imprisonment for a period not exceeding twelve (12) months, or to both such fine and imprisonment.

Any transfer or other disposal of any property made in contravention of the said Court order shall be null and without effect at law.

That the ban on the publication of the accused Lydon Portelli's name has been lifted through decree dated 15th December, 2021, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry presided by Magistrate Dr Natasha Galea Sciberras,LLD.

Acting Director, Asset Recovery Bureau