Reluctant it-Topo added to witness list of HSBC heist trial

Darren Debono, one of the men involved in the 2010 botched HSBC hold-up, is to be summoned to testify against Vince Muscat, in a case he was originally a defendant in. 

A court on Friday decided that Debono, who was given a reduced 10-year prison term for his role in the heist after striking a plea deal, will be included on the prosecution's witness list in the upcoming trial.

Any concerns about his evidence can be addressed during the trial itself, the court ruled. 

Debono, known as it-Topo, pleaded guilty in 2022 to his involvement in the heist and reached a plea bargain in exchange for evidence against his co-accused Muscat, known as il-Koħħu.

But when he was summoned to testify in the compilation of evidence against Muscat, Debono refused to name anyone other than the defendant, saying he feared for his son's safety. 

A court had jailed him for six months in February 2022 for failing to cooperate with prosecutors. That sentence was later halved on appeal over a technicality.

In 2023, Debono again chose not to answer questions about third parties when testifying about the case, repeatedly citing his right to silence.  He stonewalled when asked a number of questions related to the heist, leading the prosecution to ask him who he was afraid of. 

The case is now set to go to trial. Defence lawyers challenged prosecutors' decision to add Debono to the witness list, arguing his testimony would prove problematic as he has so far been reluctant to testify “the whole truth”.

However, the court, presided over by Judge Edwina Grima, pointed out its role at this stage was not to evaluate the credibility of the witnesses. Excluding a witness early risks undermining justice, the court said.

It said it could not predict at this stage whether the witness would show the same reluctance during the trial as he did previously or not. 

Criminal proceedings should allow all relevant evidence to be presented. A reluctant witness should not be dismissed a priori (based on prior assumptions), it ruled. 

Attorney General Lawyer Francesco Refalo prosecuted. Lawyers Franco Debono and Roberto Montalto were defence counsel.