Repubblika on Wednesday accused the government of failing to enact the necessary regulations that would allow a forensic accountant who oversaw the Vitals inquiry to give video testimony.

In a statement, the rule-of-law NGO voiced concern over the ongoing Vitals case, questioning whether there were any hidden interests working to have the case against former prime minister "Joseph Muscat and his peers" to be thrown out. 

In recent days, the defence in cases linked to the deal scandal asked court to deem the report by a forensic accountant - which formed part of a magisterial inquiry into the privatisation of state hospitals  - inadmissible.

The UK-based forensic accountant Jeremy 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 Wednesday, Repubblika said it assumed the defence expected the case to be thrown out once the testimony is removed. 

According to local legislation, when a court deems the testimony of a foreign authority indispensable, it can ask for a letter rogatory. The NGO added that separate legislation allows video testimony of a witness based abroad. 

Despite the law allowing this was amended in 2015, the necessary regulations for video testimony have still not been enacted 10 years later, the NGO said.

"This is unacceptable... the government, and, specifically Minister Jonathan Attard should shoulder responsibility for this failure," Repubblika said.