Ex-Malta Philharmonic Orchestra CEO denies silencing staff in harassment case

Former Malta Philharmonic Orchestra (MPO) CEO Sigmund Mifsud has denied instructing employees to stay quiet about a sexual harassment allegation involving two colleagues.

Testifying in court on Tuesday, he insisted he never discouraged reporting and that he himself told the victim to file a report. 

Mifsud stands accused of tampering with evidence in the case, which involved a male MPO official, who admitted sexually harassing a female staff member, who resigned over the abuse. 

Mifsud began his testimony by describing his career with the orchestra, and how as CEO his passion for music led him to push for high-profile events and to raise the MPO’s international profile.

Asked about his leadership style, Mifsud acknowledged that in later years, internal relationships became strained. He attributed this to internal and external attempts to undermine him, especially after making unpopular decisions he believed were in the orchestra’s best interest.

"When one does what is best for the orchestra, one runs the risk that not everyone will accept," he said.

Mifsud was then asked about his former male employee. There is a media ban on the male official's name.

Mifsud said the male official was a musician who later joined another department and was a dedicated worker, being promoted within a year. Mifsud said he had a good working relationship with him.

Mifsud said the male official and the victim had a close friendship and would socialise together outside work. 

He described the victim as initially an organised and calm person, who even babysat for his family. He remembered paying for her to stay in a hotel when she fell ill with COVID-19. 

Things 'started to fall apart'

However, Mifsud said things "started to fall apart" after a tour to the UK was cancelled in late 2022.

He said he noticed a sudden change in the relationship between the victim and the man. He said the victim started showing signs of emotional distress at work and would have "tantrums" in his office.

It was during one of these episodes that she first mentioned sexual harassment. According to Mifsud, she claimed: “When I told you [the male official] harassed me, you did nothing.”

He said this was the first time he heard of the allegation, which referred to an event that had taken place two and a half years prior. He said it was "a huge surprise" because the pair had previously been "the best of friends".

He and the official were behind her doing something and the official touched her on the shoulder. She reacted by saying: “Not that, not that.”

Later, Mifsud said he asked her to come to the office for something unrelated, and she said that this also constituted harassment. He said he then called in the male official and told him not to joke around at work.

He described how, around this tim,e the male official was up for promotion. 

Mifsud denied ever telling anyone to cover up the complaint and said no official reports were made to him at the time.  He said that when she brought it up a second time, he told her to file a report if it was true, "so we can proceed". 

He said she also claimed the male official had touched her shoulder. Mifsud reprimanded him for being inappropriate, but did not issue a formal complaint.

'Shock' resignation

Mifsud said that after the victim's resignation, which was emailed rather than delivered in person, the ministry began investigating. 

He said he was "shocked" and went to speak to the woman.

"It was a calm discussion. I asked her if she was sure about her decision. My concern was the damage the allegation could do to the orchestra. I asked her: 'Are you aware of what you’re doing?'"

Mifsud said she offered to withdraw the report. "I told her: 'Don’t remove it. only do that if you’re certain about what you’re doing.'"

Her resignation did not mention anyone by name. 

During cross-examination, Mifsud was asked about recordings in which he could be heard telling the male official to keep a consistent version of events. He was asked if it was ethical for him to speak to someone who was going to be arraigned.

Mifsud said it was a "moment of great darkness" for him and he felt 10 years of work was collapsing around him. He said he started seeing attacks coming in against the orchestra.

"Let's see what we're going to say," he had told the man. 

Asked if he feared being compromised, Mifsud said yes and that one of the reasons was the incorrect information circulating in the media. He was concerned that there was an impression that he was the harasser. 

"At no point did I tell him to lie," he said of his conversations with the male official. 

The case continues.