Exclusive: Abela wanted €24,000 in fees instead of €500 paid from public coffers

Prime Minister Robert Abela allegedly pressured court employees in 2018 to calculate legal fees in a way that would have increased his payment from less than €500 to more than €24,000 in cases linked to the 2015 Paqpaqli tragedy, according to claims made by Judge Wenzu Mintoff and independent calculations made by The Shift, according to the Code of Organisation and Civil Procedure.

The allegation emerged from a damning letter sent by Mintoff to Cabinet members, in which he accused Abela of exerting pressure on court staff over the interpretation of legal tariffs applicable to an out-of-court settlement reached with victims of the 2015 Paqpaqli incident.

Under Maltese law, when cases are settled out of court, lawyers are entitled only to the minimum tariff, known as taxxa tad-dritt. Calculations based on those tariffs indicate that the lawyers involved in the Paqpaqli compensation cases, including Abela, who was appearing for Melvin Haber, would have been entitled to less than €500 each.

However, Mintoff claimed that Abela insisted that fees be calculated on the full €3.6 million compensation package given to victims out of public funds and out of court, rather than on the minimum tariff applicable to settlements.

Had that interpretation been accepted, Abela’s fees would have ballooned to more than €24,000.

Judge Mintoff said the Prime Minister placed “massive pressure” on court officials, including a staff member within his own chambers, to apply, illegitimately, the higher calculation, and he even threatened her with sacking when he was already a Labour MP.

According to the judge, he resisted the request and insisted on what he described as the correct interpretation of the law, resulting in the lower fee being applied.

The €3.6 million compensation was funded through public money as the government had transferred the necessary funds to the Malta Community Chest Fund to cover compensation and close the dispute arising from the Paqpaqli incident.

As a result, any legal fees paid in connection with the settlement would ultimately have been drawn from state coffers.

In his pointed letter, which is also in breach of binding ethical standards, Judge Mintoff suggested that the dispute over fees was one of the main reasons Abela did not support his appointment as Chief Justice, alleging prejudice in the process.

In his first reaction, Abela denied interfering in the course of justice but did not address the specific claims that he pressured court employees over the calculation of fees. He also did not respond to allegations, made under oath by Mintoff, that he threatened court staff in an attempt to secure the higher payment.

Judge Mintoff further accused the Prime Minister of using Parliament to exert pressure on the justice system, including through parliamentary questions seeking details about the compensation paid in the settlement.

Research by The Shift shows that Abela did not personally table parliamentary questions on the matter.

However, shortly after the settlement was reported in the media, questions were filed by former PN MP Mario Galea and by former PD MP and Labour minister Godfrey Farrugia on the subject.

In response, then Finance Minister Edward Scicluna confirmed that €3.6 million in public funds had been allocated for compensation related to the Paqpaqli incident.

The PQ was used in court documents to apply pressure for an increased payment for lawyers involved in the case, including Abela.

The Paqpaqli incident occurred during a 2015 charity car event held in aid of the Malta Community Chest Fund.

A high-powered vehicle lost control and crashed into spectators, injuring several people. The incident led to legal proceedings and, ultimately, an out-of-court settlement compensating victims with approximately €3.6 million in public funds.

All payments, including legal fees, were settled through state coffers.