The case against Chris Fearne, Edward Scicluna and 12 other defendants in the hospitals' scandal was postponed on Friday following a criminal complaint against a court expert.

Collective groans could be heard from the defence benches when the prosecution informed the court that their main witness for the day, Miroslava Milenovic, would not be testifying.

Prosecutor Francesco Refalo said they were not in a position to call Milenovic “due to developments in the last 24 hours".

A criminal complaint was filed against Milenovic by lawyers representing ex-prime minister Joseph Muscat and other defendants in a separate case linked to the hospitals' privatisation deal.

The lawyers have demanded the police investigate whether Milenovic misrepresented her qualification as a forensic accountant when she was appointed to the hospitals' inquiry.

In Friday’s sitting, lawyer Franco Debono asked whether a criminal complaint filed by one set of defendants in a separate case should impinge on the day's case.

Debono said at a minimum, the court should be given an explanation as to why a witness was scheduled to appear and then did not.

Defence lawyer Gianella De Marco questioned whether the prosecution was saying that Milenovic would not be testifying for fear of incriminating itself.

Stefano Filletti, another lawyer, said his client and other defendants had lost their jobs and had their reputations ruined due to Milenovic’s findings.

He argued that at the very least, Milenovic should take to the witness stand and declare she feared incriminating herself.

After hearing the arguments, magistrate Leonard Caruana noted that it was at the prosecution’s discretion which witnesses to call.

He deferred the case to November 22.