The government is considering filing for a retrial in a final effort to save the controversial Capitainerie building in Ta’ Xbiex, which the court ruled was illegal.

Prime Minister Abela announced the potential use of this “extraordinary measure” in parliament while responding to questions from PN MP Karol Aquilina.

Aquilina pressed Abela for a definitive date by which the illegal structure in Gzira’s only public garden would be dismantled, allowing the public to reclaim the site.

Instead, the prime minister said the government was considering taking the legal route.

Lawyers consulted by The Shift described this move as “highly unusual” and “unlikely to succeed.”

“This is an extraordinary legal measure for a government to pursue, and in most cases, such applications are rejected outright,” sources explained.

According to the Code of Organisation and Civil Procedure, an interested party may request a retrial within three months of a final court decision. Retrials are granted only on specific legal grounds.

“It is particularly concerning that Robert Abela is considering this extreme route instead of setting an example by respecting judicial rulings,” sources added.

Court overturns controversial permit

In February, the Court of Appeal revoked the Planning Authority’s permit for the Capitainerie with Chief Justice Mark Chetcuti strongly criticising Transport Malta (the permit applicant) and the Planning Authority, which granted the permit, for disregarding planning regulations in approving the project.

The decision came after an appeal by local residents and the NGO Flimkien għal Ambjent Aħjar (FAA).

Despite ongoing legal challenges, construction on the Capitainerie proceeded before the court’s final ruling. Now, work has ceased, leaving an unfinished structure.

The project fronted by Transport Malta has been widely perceived as a pretext for establishing a high-end restaurant with an al fresco dining area, benefitting the concession holders of the Gardens Marina.

Among the principal shareholders are Paul and Mark Gauci, known as ‘Tal-Gedida’ from Birkirkara, who are close friends of Robert and Lydia Abela. The Gaucis frequently travel with the Abelas on holidays.

Adding to the controversy, the Prime Minister has relocated his yacht to the Gardens Marina, which is managed by ‘Tal-Gedida’, yet has refused to confirm whether he is paying the annual berthing fees, estimated at some €15,000.

Other shareholders in the Gardens Marina include Matthew Fiorini Lowell, Paul Manduca, Shanna Buhagiar, Patrick and Rebekah Satariano, and Roberta Gauci.

Despite repeated inquiries, Transport Malta has not disclosed how much taxpayer money has been spent on the illegal project.