An Italian businessman crippled by criminal charges and a freezing order stemming from the Vitals inquiry is calling for their immediate withdrawal after forensic experts testified that they had found no case against him.
Giuseppe Domizio Musarella in his personal capacity and on behalf of Taomac Limited filed a judicial protest against the Attorney General, the State Advocate and the Police Commissioner following the testimony of two forensic experts who had assisted the inquiring magistrate.
Musarella, 59, is pleading not guilty to money laundering, fraud and false declarations stemming from his alleged role in helping Vitals defraud Maltese taxpayers through the Cyclotron project.
His lawyers have long insisted that Musarella was a legitimate businessman who had been dragged into the whole affair.
However, the prosecution persistently said that charges against the businessman and his companies were “based entirely upon the recommendation of the experts”.
In their judicial filing, Musarella’s lawyers pointed out that Magistrate Gabriella Vella had based her recommendation primarily on the report drawn up by forensic expert Miroslava Milenovic and other technical experts led by Jeremy Harbinson.
One of those experts was Samuel Sittlington who acted as a reference point between the magistrate and the team of experts.
Both Milenovic and Sittlington were present personally or via video link when witnesses were testifying and evidence was presented during the inquiry.
When testifying at the ongoing compilation of evidence in October, Sittlington said that had he written the report in its entirety he would have reached different conclusions to those reached by the author of the report, namely Harbinson.
Earlier this week, Milenovic was also summoned as a witness.
She said “without hesitation” that she found “no link or shadow of doubt” to draw suspicion upon Musarella or Taomac Limited as to their involvement in the illicit activities in respect of which they now stand accused.
Faced with that clear testimony, the prosecution nonetheless insisted that they would “regulate their position at a later stage”.
Such insistence on the part of the prosecution did not only signify a waste of time for the court as well as a waste of public funds but also resulted in a “vexatious prosecution”, Musarella’s lawyers claimed.
The prosecution had based its charges upon the “word for word” conclusions of these two experts who have now stated “loudly and clearly” that there was no link between Musarella and Taomac and their conclusions.
Now Musarella is claiming that the “totally absurd and unfounded charges” against him and his company were causing reputational and financial damages.
They were experiencing great difficulties in sourcing alternative banking services.
Their commercial activity, both locally and abroad, was “almost completely paralysed” and Musarella’s very livelihood is at risk.
It was now clear that the criminal charges and the €62,500 freezing order should not have been issued in the first place.
There was nothing stopping the respondents from withdrawing those charges and freezing order to prevent further damages to Musarella who was thus calling upon the relative authorities to take immediate action while holding them responsible for damages.
Lawyers Veronique Dalli, Dean Hili, Kris Scicluna and Rachel Powell signed the judicial protest that was filed before the First Hall, Civil Court.