Lawyers representing one of the accused in the Vitals case have requested the court exclude the lead expert’s report, arguing that since he has refused to testify, they have been denied the opportunity to cross-examine him.

Earlier this month, forensic accountant Jeremy Harbinson - who oversaw the Vitals inquiry - submitted an affidavit to the court saying that refused to testify in Malta out of fear for his safety.

Harbinson said the experiences and insights he has gained over the past seven years meant he would "never return to Malta.”

On Thursday, a court presided by Madame Justice Edwina Grima heard the defence’s request to not consider Harbinson’s report in the Vitals inquiry as evidence.

The prosecution argued that the defence could ask Harbinson to testify through a rogatory procedure, where assistance may be requested from a foreign court. It also argued that the report was written up according to law.

Grima will take a decision at a later date.

Defence lawyers Franco Debono, Stefan Tonna Mercieca and Charles Mercieca also argued that Harbinson was committing a criminal offence by refusing to testify. Therefore, he should be investigated by the police commissioner.

However, the judge did not verbalise these requests in this sitting.

In a previous sitting, the judge order Harbinson to send the original affidavit. The judge confirmed that the court has received the original affidavit

The inquiry, which cost over €10 million was used by the Attorney General and police to prosecute former prime minister Joseph Muscat, his former chief of staff Keith Schembri and former minister Konrad Mizzi for their alleged involvement in the fraudulent hospitals’ concession.

They are facing charges together with 11 other individuals and eight companies who stand accused of money laundering and other major crimes.

After they were arraigned the prosecution issued a freezing order worth millions. The defence have been challenging this freezing order in court.

Attorney General lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina prosecuted.