Lawyers defending three public officials in a case linked to the hospitals' deal scandal told court on Monday they will request that the magisterial inquiry into the privatisation of state hospitals be deemed inadmissible if the expert leading it failed to appear for cross-examination.

Court was hearing the case against former deputy prime minister Chris Fearne, former minister Edward Scicluna, and 12 others charged with “lesser crimes” connected to the deal.

Defence lawyers representing permanent secretary Ronald Mizzi, former permanent secretary Alfred Camilleri, public official Joseph Rapa, and lawyer Bradley Gatt argued that the government has the right to cross-examine UK-based forensic accountant Jeremy Harbinson.

Harbinson, who was the court's leading expert for the inquiry, has failed to testify in court numerous times.

He said the experiences and insights he gained over the past seven years “means that I fear for my safety, and I have decided that I will never return to Malta".

But last week a judge warned that he was appointed as a court expert under Maltese law and could be summoned to testify under the same law.

On Monday the defence argued that if Harbison failed to be present for cross-examination, it will then ask that the 1,200-page inquiry be deemed inadmissible.

Defence lawyers Franco Debono, Stefano Filetti and Franco Galea made this argument for the accused.

In a separate sitting regarding Fearne and Scicluna, inspector Andy Rotin testified behind closed doors, as the information he shared was tied to an ongoing investigation.

Magistrate Leonard Caruana presided over the case.

Police Inspector Wayne Borg led the prosecution with the help of Attorney General lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina.