Former Steward Malta CEO Armin Ernst was briefly detained in the United States while federal agents seized his mobile phone, a court heard on Thursday.
The information emerged before a Magistrates’ Court where Ernst was due to appear to face criminal charges over his alleged role in the Vitals hospitals deal, now annulled on the basis of fraud and collusion.
Lawyers Jose’ Herrera and Matthew Xuereb, who are expected to take up Ernst’s brief, informed the court that the defendant was not present today.
He was briefly detained in the US, like former Steward Healthcare CEO Ralph de la Torre, until his mobile phone was seized.
He was also ordered to appear before a US court to testify before a grand jury.
The lawyers made reference to documentation relating to those proceedings in the foreign jurisdiction which appeared to focus on the Maltese hospitals concession.
Investigators were apparently instructed to seize all mobile phones linked to Ernst and all records related to suspected foreign corrupt practices, conspiracy, wire fraud and money laundering.
Those included the Maltese concession agreement, business dealings between Steward, VGH and other foreign governments or entities, as well as any valuable or gift given by Steward to Maltese government officials, Shaukat Ali and other members of Shaukat’s family.
In light of that information, the lawyers pointed out that the merits of the US charges and those faced by Ernst in Malta were the same.
That could potentially give rise to a situation of double jeopardy.
In light of such information, the court asked the prosecution to confirm through official channels Ernst’s current position in the US.
Before seeking Ernst’s extradition, the defence lawyers suggested that the Attorney General should first communicate with their counterparts about the issue of jurisdiction over the case.
The case was postponed to March.
AG lawyers Francesco Refalo and Shelby Aquilina prosecuted. Lawyers Jose’ Herrera and Matthew Xuereb appeared amicus curiae since they are still to take up the brief.