Police could not investigate the Vitals deal because they had no access to financial documents seized as part of a magisterial inquiry into that concession, Angelo Gafà testified on Tuesday.

The police commissioner said that whenever his officers asked the magistrate for access to those documents, they were told by the inquiring magistrate that she still did not have them. 

“Without the expert analysis and reports, the police could do nothing,” Gafà said. “There were financial and cyber experts who pieced the whole picture together, but we never had visibility [of the documents] until we got the proces verbal,” the commissioner testified.

He emphasised that the magistrate told police to "follow her directions". 

Dozens of individuals and companies stand accused of fraud, money laundering and other crimes in connection with the 30-year deal the Joseph Muscat-led government signed with Vitals Global Healthcare to privatise three state hospitals.

All defendants are pleading not guilty.  

Police officers have testified in those criminal cases, saying that they had little to do with the Vitals inquiry and never investigated the deal themselves, prompting criticism of Gafà and his police leadership. 

Testifying on Tuesday, Gafà noted that officers were extremely cautious to not interfere in the inquiry’s work and always sought warrants from the magistrate whenever documents needed to be seized.

Officers had sought the magistrate’s direction when Times of Malta reported on links between Joseph Muscat and Dragonara Casino boss Johann Schembri, the commissioner said, and again when reports concerning former Foundation for Medical Services CEO Carmen Ciantar and former Health Minister Chris Fearne emerged.

When the magistrate told the police that neither of those two issues concerned the inquiry’s subject matter, the police investigated and found no criminal wrongdoing, Gafà said.

Gafà's testimony came as part of Muscat's constitutional case to have Magistrate Gabriella Vella removed from the magisterial inquiry. Muscat is claiming that his rights were breached by having the magistrate, who he claims is biased, at the helm. 

Azzopardi 'bombarded' court expert with calls

Gafà also testified about leaks concerning the magisterial inquiry and confirmed that lawyer Jason Azzopardi knew ahead of time that Joseph Muscat’s home was to be searched.

Azzopardi, a former PN MP who also represents NGO Repubblika, had contacted a court-appointed expert in the days ahead of the search, Gafà testified.

That was confirmed under oath by Superintendent James Grech, who testified that court expert Keith Cutajar was “bombarded” by phone calls from Azzopardi one day before police planned to search Muscat’s house in January 2022.

Cutajar was "out on his motorbike" when Azzopardi was trying to reach him and did not answer the calls, Grech testified.

Police officers at Muscat's home in January 2022. Photo: Jonathan Borg

When he saw the calls, Cutajar texted the lawyer to tell him “speak directly to the magistrate”.

Magistrate 'very angry' about information leaks 

He then informed the inquiring magistrate about Azzopardi’s calls himself, Grech said. That triggered a meeting that same day involving Magistrate Gabriella Vella, police commissioner Angelo Gafà, inspector Anthony Scerri, Cutajar and himself, Grech recalled.  

The magistrate was “very angry” that information about the planned search had been leaked, the superintendent testified.

Despite that, the police did not carry out any investigation into the leak, Grech said.

Testifying, police commissioner Gafà recalled that he was first alerted about the suspected leak by then-assistant commissioner Alexandra Mamo, who sent him a cryptic Facebook post that Azzopardi had published. Then they had met with the magistrate, he said. 

It was the only leak from the inquiry he knew of, the commissioner testified.

After the magistrate learnt that the plans had leaked, the search of Muscat’s home in Burmarrad was shifted to Wednesday rather than Monday as originally planned.

It began at 7am and foreign court-appointed experts were present, accompanied by the police, superintendent Grech recalled.

Third parties [a Times of Malta journalist] showed up at 10am, Grech testified.

A foreign expert told Muscat what they were looking for.

The former prime minister then led them to a bedroom and pulled a document out of a chest of drawers. Grech then moved on to search Muscat's office in Sa Maison, while inspector Anthony Scerri remained in Burmarrad. 

The case resumes on September 24, when Jason Azzopardi will testify. Lawyers Vincent Galea and Charlon Gouder assisted Muscat.