Key testimony linked to HSBC heist allegations postponed until October
Judge to rule at the next sitting on whether media may remain in court during William Cuschieri's evidence
The Constitutional Court on Friday deferred key testimony from lawyer William Cuschieri, a former legal adviser to the Degiorgio brothers, in proceedings filed by former PN MP Jason Azzopardi over allegations linking Speaker Carmelo Abela to the 2010 HSBC heist.
Madam Justice Miriam Hayman postponed the testimony to October, adding that during that sitting she will also rule on whether to permit the media to remain in the courtroom during Cuschieri’s testimony.
The case dates back to 2021, when former Nationalist MP Jason Azzopardi made allegations implicating soon to be speaker Carmelo Abela, in aiding suspects involved in the botched HSBC heist.
Abela denied the claims, and the court subsequently ruled against Azzopardi, ordering him to pay €7,000 in damages.
In August last year, Azzopardi filed a constitutional application arguing that the courts had overlooked key evidence. This included allegations implicating Abela made by individuals convicted for their roles in the HSBC heist, some of which were given under oath.
In his application, Azzopardi stated he was blocked from calling these individuals as witnesses during the original libel case. He maintained that his comments constituted political speech on a matter of public interest and is also seeking damages alongside the reimbursement of the €7,000 legal penalty.
Friday's courtroom arguments
At the start of Friday morning's sitting, the State Advocate objected to Cuschieri taking the stand, arguing that his testimony would delve into the merits already decided by the courts in the libel proceedings.
The State Advocate also argued that, based on an affidavit presented on January 30 this year, the line of questioning aimed at Cuschieri would constitute inadmissible hearsay rather than firsthand knowledge.
Azzopardi’s legal counsel declared that the questions intended for the witness involved matters that could not be brought to light during the libel case for reasons that would be elaborated upon later.
Azzopardi argued that in constitutional proceedings, a plaintiff is legally permitted to bring forward any relevant evidence necessary to prove their case.
Acknowledging the sensitivities and "lack of comfort" surrounding the situation, the Constitutional Court deferred Cuschieri’s testimony to October 2.
The Court informed the media present that a decision regarding whether the press will be allowed inside the courtroom for that specific testimony will be delivered on the same day.
The heist
The attempted armed robbery of the HSBC headquarters in Qormi took place on June 30, 2010. The heist failed after police were alerted as the alarm was raised.
A police car which was on patrol in Qormi was deployed to the area. As it stopped near the bank, a car which had been parked opposite drove off in a way which raised suspicion.
The police gave chase, but the car managed to slip away. When the police returned to the HSBC centre, they noticed three people coming out of the building.
On seeing the police, they opened fire. The police shielded themselves behind their car and fired back. In the ensuing gunfight, 65 shots are believed to have been fired at police officers. A second getaway vehicle managed to escape with all three thieves.
The three men, believed to have been wearing wigs and fake moustaches, had earlier held a security officer inside the premises and demanded cash. They stole the security officer's pistol. No one was injured and no cash was stolen.
Lawyer Joseph Zammit Maempel appread for Jason Azzopardi.