Lawyers seek to reopen inquiry into botched 2010 HSBC bank heist

Two lawyers have filed an application seeking to present more evidence to a magistrate who led an inquiry into a failed heist of HSBC in 2010.

The request to Magistrate Claire Stafrace Zammit triggered another application before the Criminal Court, which is hearing the case against a man allegedly involved in that crime.

Lawyers Jason Azzopardi and Joseph Zammit Maempel are understood to be the two lawyers behind the push to reopen the inquiry into the 2010 crime.

Azzopardi this year lost a libel case related to that crime, with the courts concluding that he had failed to substantiate claims he made linking former minister Carmelo Abela to the robbery attempt.

The lawyers’ application came to light during a criminal court hearing in the case against Vince Muscat, better known as Il-Koħħu.

Muscat, who is serving a 15-year jail sentence for his role in the assassination of journalist Daphne Caruana Galizia, is also awaiting trial in connection with the 2010 HSBC heist.

The robbery attempt took place on June 30, 2010, when three men wearing wigs and fake moustaches walked into the Mill Street HSBC quarters in Qormi with the intent to rob it.

Police arrived mid-heist, while the three men were still inside the bank. A car parked outside it sped off. In the ensuing gunfight, 65 shots were fired at police officers. A second getaway vehicle managed to escape with all three thieves.

The unsolved robbery attempt had puzzled investigators as the armed intruders seemed to have inside knowledge of the bank’s security measures and appeared to know their way around the large premises.

The case against Vince Muscat

Prosecutors’ case against Muscat has been bolstered by a plea deal reached with Darren Debono, known as it-Topo, who has agreed to testify against Muscat in exchange of a reduced jail sentence. Debono was sentenced to 10 years and six months of prison time for his role in the crime.

Prosecutors said they want to add Debono to the list of witnesses to testify in the trial. Muscat's defence team has also said they want the judge assigned to the case, Edwina Grima, to be recused.

They, however, said that the recusal request should be put on hold, given the application to reopen the criminal inquiry into the case.

“Now we are faced with a request to reopen the inquiry,” defence lawyer Franco Debono said, adding that judging from the names – lawyers Jason Azzopardi and Joseph Zammit Maempel – “if it is going in a certain direction, we need to see,” the lawyer vaguely said.

Prosecutor Francesco Refalo argued that it was not unusual for inquiries to be closed with regard to one individual and reopened with regard to third parties. He underlined that this happened in the past, present and will continue to happen in the future.

The defence requested an adjournment while the prosecution objected, saying that Friday’s sitting was appointed to deal with other issues.

The case was adjourned to September 9 when the parties are set to make their submissions on the request for Madam Justice Grima to abstain from hearing the case, among other issues.

Madam Justice Edwina Grima presided over the Criminal Court.

AG lawyer Francesco Refalo prosecuted.

Lawyers Franco Debono and Roberto Montalto appeared for Muscat.