Three due diligence reports on investors in the hospitals deal were witheld from a magisterial inquiry by Malta Enterprise, lawyer Jason Azzopardi claimed on Tuesday. 

Testifying before Magistrate Rachel Montebello, the ex-PN MP said he was approached a few weeks ago with copies of the Malta Enteprise documents which were not given to the inquiring magistrate back in 2021.

The reports detail how there was little public information about how potential Vitals investors Mohammed Shoaib Walajahi and Shaukat Ali Chaudry had accumulated their wealth. 

“Both SW [Shoaib Walajahi] and SAC [Shaukat Ali Chaudry] have limited profiles, which is suggestive in this context of their participation in ‘under the radar’ commercial activities,” one of the reports reads. 

Vitals investor Shoaib Walajahi.

The report goes on to say that this “limited profile” does not necessarily mean they are involved in illicit activity, but from a vetting perspective, the lack of “positive indicators” should act as a potential warning. 

Last year, Ali Chaudry was charged with corruption, money laundering and other crimes in connection with the Vitals deal.

The documents were dated between 13 February to 26 February 2015, and Azzopardi said the original copies were at Malta Enterprise.

Due to professional secrecy, Azzopardi said he was limited on what details he could provide in court so as to not reveal the identities of the people who provided him with the documents.

He said the individuals were concerned and were “risking a lot”.

Defence lawyer Gianella De Marco said that she had no idea what the documents were about, and highlighted how Azzopardi had already pointed out that he cannot take an oath on the veracity of the documents.

During cross-examination, Azzopardi said he did not see the original documents nor did he go to Malta Enterprise to verify the documents. He said he received the documents electronically and printed them.

Defence lawyer Stefano Filletti asked a series of questions regarding the identities of the individuals, yet Azzopardi continuously replied that he would be breaching professional secrecy if he were to answer.

Filletti asked if they were employed at Malta Enterprise. He was denied an answer.

Lawyer Chris Cilia, representing Mtrace Ltd followed up, asking if the individuals were Azzopardi’s clients, to which he replied that he could not say.

“They wanted to speak to me about several things and also the documents,” Azzopardi replied.

Azzopardi did not answer in which part of the Malta Enterprise building the documents were located, once again stating it could give away the identity of the individuals.

He confirmed “100 per cent” that the original copies are still at Malta Enterprise.

No confirmed date for Harbinson’s testimony

The court continued to discuss the details regarding the testimony of one of the court-appointed experts for the Vitals Inquiry, Jeremy Haribinson.

At the beginning of the sitting, the court said that it had heard from Harbinson that he could not come to Malta to testify in the proceedings “any time soon”.

The AG said its application was still valid and was requesting the court to allow Harbinson to testify via videoconference.

Expert Jeremy Harbinson is the director of Harbinson Forensics, which was hired to investigate the Vitals Deal.

The company also carried out investigative work concerning allegations that offshore company Egrant was secretly owned by Joseph Muscat’s wife, Michelle.

Last year, Times of Malta reported the UK firm was shutting down.

The defence argued that Haribinson was disrespecting the court by not providing a valid reason as to why he was unable to travel to Malta.

The court ordered to present such documents.

Defence lawyer Vincent Galea argued that if the witness could not come to Malta, the court should travel to Ireland, where Harbinson resides.

The Magistrate shut down such an idea. “The court is definitely not going to Ireland,” Montebello said.

He then insisted that Harbinson be brought to Malta.Defence lawyer Gianella De Marco said she was worried by the arrogance of the court-appointed experts, who were all showing excuses and no documents to not appear in court.

Muscat was represented by lawyers Vince Galea, Luke Dalli, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti. Konrad Mizzi and Keith Schemrbi were represented by lawyers Edward Gatt, Mark Vassallo and Shaun Zammit.

The next sittings will take place on 24 February and 3 March.