Forensic accountant Jeremy Harbinson, who was a court expert in the Vitals hospitals magisterial inquiry, had continued to decline requests to testify in Malta, a court heard on Wednesday.
Last month, Harbinson submitted an affidavit to the court saying he was refusing to testify in Malta out of fear for his safety. He said the experiences and insights he has gained over the past seven years meant he would “never return to Malta”.
He also argued that his report was never meant to be used directly as a basis for prosecutions.
“Our report made no mention of criminal charges or freezing orders, and I had no input into these,” Harbinson said.
The inquiry report is the basis of the prosecution of ex-prime minister Joseph Muscat, his former minister Konrad Mizzi and former chief of staff Keith Schembri for their alleged involvement in the fraudulent hospitals' concession.
They are facing criminal charges together with 11 other individuals and eight companies that stand accused of money laundering and other major crimes.
Following their arraignment, the prosecution issued millions worth of freezing orders as part of the proceedings. The accused have been contesting the law that regulates the amounts to be frozen and are arguing that the amounts were draconian.
As part of their arguments in the case, presided by Madam Justice Grima in the Criminal Court, the defence has been requesting Harbinson and a list of 26 other court experts to testify about their role in the inquiry. That request was renewed on Wednesday. The defence said it was insisting they testify in person, as required by law, although it would not object to online testimony at this stage of proceedings, as long as there were the necessary safeguards.
The court said that it would continue to ask Harbinson, and the other experts. to testify.
Muscat was represented by lawyers Vince Galea, Luke Dalli, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti.
Konrad Mizzi and Keith Schemrbi were represented by lawyers Edward Gatt, Mark Vassllo and Shaun Zammit.
Attorney General lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina prosecuted.
The next sitting will take place on March 21 and witnesses will begin to testify.