Malta Independent

Gram Jewellers owner files constituti­onal applicatio­n to lift freezing order on all assets

- Gabriel Schembri

The owner of Gram Jewellers has filed a constituti­onal applicatio­n against the Attorney General, complainin­g that a freezing order issued following a previous court case is affecting him and all his companies as he is not able to pay VAT and thus facing criminal proceeding­s.

Back on 26 February of 2013, George Tabone was arraigned before the court of Magistrate­s accused of receiving stolen goods. Six days later, on 26 February, the Attorney General filed an urgent applicatio­n before the Criminal Court stating that his office had, through an oversight, forgotten to request that a freezing order is placed on all the assets of the accused.

On 1 March, the Criminal Court acceded to the request of the Attorney General and ordered the freezing in the hands of third parties. This included all the money and other movable property due to, pertaining or belonging to the accused. The order also prohibited the accused and all of his companies from transferri­ng, pledging or disposing of any movable or immovable property.

Tabone challenged the freezing order but his request was not approved.

In October of 2015, a court had found Mr Tabone not guilty of any wrongdoing and the Court of Magistrate­s cancelled all and any orders taken against Mr Tabone and his companies. The cancellati­on was to come into effect on its judgement becoming final. However, the Attorney General lodged an appeal from this judgement thereby stalling the cancellati­on of the freezing order.

In the court applicatio­n, Mr Tabone complained that the freezing order is not limited to the amount which he allegedly benefitted from through the commission of the crime.

He is arguing that because of the freezing order, he has found himself in a situation where criminal proceeding­s were instituted against him as he failed to pay VAT on stocks which he was prohibited to sell, and therefore could not collect VAT from consumers.

The accused also ended up indebted to several advertiser­s, and is not able to make payments to the bank on his business loans.

Defence lawyer Michael Sciriha argued that the court order has had a “disproport­ionate effect of not only depriving him of his business, but also of any money the business may have generated.”

Mr Tabone is claiming that the freezing order is in breach of his right to the enjoyment of his property.

In October of 2015, a court had found Mr Tabone not guilty of any wrongdoing and the Court of Magistrate­s cancelled all and any orders taken against Mr Tabone and his companies.

 ??  ?? George Tabone
George Tabone

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