The recent statement by the Daphne Caruana Galizia Foundation claiming credit for the outcome of the international arbitration against Steward Healthcare is not only surprising, it is deeply contradictory.
On one hand, the Foundation proudly announced that it had submitted an amicus curiae brief to the International Chamber of Commerce (ICC) tribunal, asserting that its intervention helped protect Malta’s interests and contributed to the tribunal’s decision to terminate the hospitals concession. On the other hand, the same Foundation continues to publicly attack the Government, accusing it of inaction and failure to pursue justice.
This raises a fundamental question: If the Foundation had the opportunity to formally intervene in the arbitration process, why didn’t it submit the very proof of fraud it claims to possess?
The Foundation, through its voluntary submission, had the freedom to present any and all evidence it deemed relevant. If it truly had access to damning documentation, why wasn’t this used to strengthen Malta’s case for compensation?
The Foundation cannot have it both ways: either it played a decisive role and should acknowledge the Government’s legal strategy, or it failed to act decisively when it had the chance.
In the end, the ICC tribunal ruled that the concession should have been terminated, aligning with Maltese court findings. No damages were awarded to either party, and Malta was deemed to have received fair value for services delivered. This outcome reflects a complex legal reality, not a simplistic narrative of blame.
The public deserves transparency, but it also deserves consistency. If the Foundation truly seeks justice, it must act with integrity, not opportunism.
2 Comments
You are pretending too much from tas-sahara tal-bidnija.
Well put! They cant have it both ways….
The sand castle is crumbling evidently….the tsunami or is it still at its early stages?