Joseph Muscat shed doubt over the legitimacy of the magisterial inquiry into the hospitals’ concession agreement, saying that the conclusions were “manipulated” by leaks in the media.

The former prime minister was testifying as part of a breach of rights case he filed in the constitutional court over Magistrate Gabriella Vella's inquiry.

Muscat and some of his former senior officials have been charged with money laundering, corruption, bribery and setting up a criminal association following the inquiry into a deal to privatise three state hospitals. 

Previously, a constitutional court presided over Madam Justice Doreen Clarke had dismissed Muscat’s request to suspend the magistrate. 

During his testimony, Muscat described the €11million magisterial inquiry as lacking enough analysis and evidence.

He claimed his rights were breached as he was not given the opportunity to testify in the inquiry. 

Now he is being painted as the “head of a criminal organisation,” Muscat said, even though he was never given an opportunity to have his say.

Muscat noted Vella had informed the police to act under her direction. He labelled this as complete “schizophrenia”.

State Advocate James Agostino was quick to stand up and object to Muscat’s statements.

“Let me remind you that you are talking to a former prime minister,” Muscat replied.

Muscat argued that leaks in the media tipped the direction of the magisterial inquiry. He said that leaks were a “direct commentary” of what the experts were saying in the inquiry report.

He said that whilst the experts were writing arguments, these arguments ended up being published in the media and cited as coming from sources.

In turn, Muscat said that these media leaks were then mentioned in the inquiry and the “experts would refer to it as being part of their reasoning”.

“How can you not have doubts, reasonable doubts, about all this?” Muscat asked.

Muscat also described the police search on his home, which was supposed to be private, as something “theatrical”.

Casting doubt on the experts

Throughout his testimony Muscat attempted to cast doubt, suggesting the magistrate was biased and the experts assigned to the case were illegitimate. 

Muscat mentioned how in 2019, Aldo Vella, Magistrate Gabriella Vella's father, had shared a post by PN MP Karol Aquilina that was promoting a protest against corruption with a poster that included Muscat's face alongside that of his chief of staff Keith Schembri and former minister Konrad Mizzi.

He added how the magistrate’s brother, Massimo Vella, had posted a few comments criticising the government after the court annulled the hospitals’ deal.

He also raised the issue that forensic accountant Miroslava Milenovic, who worked on the inquiry, had not obtained a warrant as an accountant.

Another inquiry expert, Samuel Sittlington, offered the Malta Police Force a consultancy deal “worth close to €1 million” while he was working on a Vitals magisterial inquiry, Muscat told the court.

He further pointed out that Frank Anthony Tabone, a former policeman who was involved in the inquiry, is now a candidate for the Nationalist Party.

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