Key expert to testify remotely in Vitals case; Muscat phone data stays private
Jeremy Harbinson refuses to come to Malta, saying he fears for his safety
A key court expert in the Vitals case who is refusing to come to Malta will be allowed to testify remotely, a court decreed on Monday.
Magistrate Rachel Montebello granted the prosecution’s request to send a letter rogatory to British authorities for forensic expert Jeremy Harbinson to testify via videoconferencing.
In a separate decree, the magistrate ordered that all data extracted from a phone belonging to former Prime Minister Joseph Muscat as part of the case will be kept private.
Harbinson will testify while under UK judicial authority and will face real-time cross-examination by defence lawyers, the court decreed, saying his testimony was an “indispensable” part of the case.
Defence lawyers have been given a four-day window to submit additional requests concerning Harbinson’s video testimony.
Harbison led Harbinson Forensics, a forensic accountancy firm that coordinated much of the work that underpinned findings in a magisterial probe into a deal to privatise three state hospitals.
That probe led to dozens of arrests and prosecutions. Defendants include former Prime Minister Joseph Muscat, his former ministers Chris Fearne, Edward Scicluna and Konrad Mizzi, former chief of staff Keith Schembri and many others.
As part of their arguments in the case, the defence has been requesting Harbinson and a list of 26 other court experts testify about their role in the inquiry.
But in an affidavit presented to the court in February, Harbinson said he was now retired, had no intention of returning to Malta to testify and that the work he put his name to in the inquiry report was never meant to be used for criminal prosecutions.
Harbinson said the experiences and insights he gained over the past seven years “mean that I fear for my safety, and I have decided that I will never return to Malta.”
That affidavit sparked a political firestorm, given Harbinson’s key role in the prosecution’s case.
Defence lawyers argued that Harbinson should not be allowed to testify remotely as that could impinge on their clients’ right to a fair trial. They also asked for a strict time limit on Harbinson’s testimony.
The court dismissed those requests.
Harbinson’s remote testimony is possible, in part, thanks to a post-Brexit trade and cooperation agreement signed by Malta and the UK.
Muscat phone data to remain private
Separately, the court decreed that data from Joseph Muscat’s phone will not be made public.
Magistrate Rachel Montebello said that the public interest served by open justice had to be balanced against a person’s right to a fair trial and right to privacy. While accurate and impartial reporting of court proceedings was legitimate, publishing evidentiary material in the media and on social platforms was not.
Information extracted from Muscat’s devices cannot be made public, the magistrate said, warning that any breach of that decree will be considered contempt of court and treated accordingly.
Muscat’s phone was seized by police investigators during a search of his home and office carried out in January 2022. Muscat declined to provide investigators with the phone’s passcode, requiring a court expert to use hacking techniques to break into it.
When the expert eventually obtained access to the phone, he discovered it had been wiped clean a few weeks before it was seized. Remnants of data found on the phone showed Muscat had run web searches for information about how to format an iPhone and how to delete WhatsApp chat data.
Muscat, who served as prime minister between 2013 and January 2020, is facing charges of corruption, bribery and money laundering in connection with a deal approved during his time in office to privatise three state hospitals.
A Times of Malta investigation revealed that Muscat signed a consultancy deal with an investor linked to the hospitals deal just a few weeks after leaving office.
Muscat denies all criminal charges and claims he was targeted by a biased magistrate and investigators.
Muscat's legal team is made up of lawyers Vince Galea, Luke Dalli, Charlon Gouder, Ishmael Psaila and Etienne Borg Ferranti.
Lawyers Francesco Refalo, Shelby Aquilina and Rebecca Spiteri prosecuted.