Sheet upon sheet of reports on the assets of Keith Schembri, his father and his business associates landed on the court’s bench on Wednesday, prompting the magistrate to urge the Justice Minister to update the outdated law.
The court’s reaction was triggered by the exhibition of some 15 volumes of documents, concerning reports drawn up by the Asset Recovery Bureau in ongoing money laundering proceedings against the former OPM chief of staff, his father Alfio, business partner Malcolm Scerri and accountant Robert Zammit.
Schembri and the other co-accused are pleading not guilty to a series of financial crimes linking them to the allegedly corrupt multi-million euro deal concerning the sale of printing machinery to Progress Press Ltd.
When the case resumed on Wednesday, lawyer Kenneth Camilleri from the ARB took the witness stand, reading out a list of reports related to each of the accused and a cluster of companies.
They included Kasco Engineering Company Ltd, It’s Good Ltd, Berner Malta Ltd, Kasco Ltd, Kasco Holdings Ltd, Holdforth Ltd, Malmos Ltd, Selson Holding Corporation, Selson Services Ltd, Thoughtoone Ltd, and GSV Company Ltd. The list continued.
For each, the witness handed the magistrate’s deputy a spiral-bound volume. Copies were given to the prosecution and defence and the piles of documents on the magistrate’s bench and the lawyers’ table got higher.
When the witness was done, presiding Magistrate Donatella Frendo Dimech pointed out that it would make more sense for the ARB to produce a soft copy of such voluminous asset reports.
In light of the fact that this would necessitate a change in the legislation, the court dictated a minute to draw the attention of the relative authorities to the current state of affairs.
The court had long observed that in proceedings concerning economic crimes, the amount of documentation exhibited in evidence was “extraordinary”.
The current position at law, “as it has been for decades”, calls for the presiding magistrate to put his/her initials on each and every sheet of paper, said the court.
This procedure spelt a waste of time for the court which could put that time to much better use, such as to preside over hearings or write out judgments.
The court ordered a copy of this minute to be notified to the Justice Minister, the attorney general and the state advocate to consider possible legal amendments as necessary.
This was to avoid “piling further pressure upon the courts through such useless work,” finished off Frendo Dimech.
While the court dictated that note, defence lawyers Edward Gatt and Mark Vassallo, leafed through the piles of paperwork.
“If this weren’t a matter of laughter, this is a sorry situation,” remarked Gatt, pointing out that a cursory glance at the reports revealed photographs of “ashtrays, vases, detergents” and so forth.
As the sitting drew to an end, the defence requested a variation of bail conditions imposed upon the accused since being released from preventive arrest some weeks after their arraignment in March 2021.
One of those conditions barred them from approaching the coast.
Since the prosecution did not object to the defence’s request, the court varied that condition in such manner that the accused were no longer barred from travelling to Gozo.
The case continues in June.
AG lawyers Antoine Agius Bonnici and Sean Xerri de Caro prosecuted.