The chief executive of the law courts agency testified on Friday that no work contract had been drawn up for a UK court expert appointed to pen a report in the Vitals hospitals’ magisterial inquiry.
Eunice Grech Fiorini was asked whether there was a contract for the work carried out by UK-based forensic accountant Jeremy Harbinson - one of the experts behind a 1,200-page report into corruption in former prime minister Joseph Muscat's government deal to privatise three hospitals.
There was no contract that outlined his role and payment, she said when replying to a series of questions put to her by lawyers Franco Debono, Mark Vassallo and Luke Dalli.
Over the past months, Harbinson has continued to decline requests to testify in Malta.
Last month, Harbinson submitted an affidavit to the court saying he was refusing to testify in Malta out of fear for his safety. He said the experiences and insights he has gained over the past seven years meant he would “never return to Malta”.
He also argued that his report was never meant to be used directly as a basis for prosecutions.
“Our report made no mention of criminal charges or freezing orders, and I had no input into these,” Harbinson said.
The report – that formed part of an inquiry that cost €11 million - is the basis of the prosecution of ex-prime minister Joseph Muscat, his former minister Konrad Mizzi and former chief of staff Keith Schembri for their alleged involvement in the fraudulent hospitals' concession.
They are facing criminal charges together with 11 other individuals and eight companies that stand accused of money laundering and other major crimes.
The case involves a deal, originally struck in 2015, in which the management of three of the country’s hospitals – Gozo General Hospital, St Luke's Hospital and Karin Grech Hospital- was handed over to Vitals, a private company, with no experience in healthcare.
The concessionaire changed to Stewart Healthcare in 2018.
In February 2023, a court annulled the concession, citing fraud.
Following their arraignment, the prosecution issued millions worth of freezing orders as part of the proceedings. The accused have been contesting the law that regulates the amounts to be frozen and are arguing that the amounts were draconian.
As part of their arguments in the case, presided by Madam Justice Edwina Grima in the Criminal Court, the defence has been requesting Harbinson and a list of 26 other court experts to testify about their role in the inquiry.
The defence said it was insisting they testify in person, as required by law, although it would not object to online testimony at this stage of proceedings, as long as there were the necessary safeguards.
The court put off the case to April 8 when three experts will testify remotely.
The judge noted that the court did not have the fixed address of all three experts.
Two were informed about their testimony – and had documents sent to them - via email, while one of the experts had the documents sent over by mail.
Muscat is represented by lawyers Vince Galea, Luke Dalli, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti.
Konrad Mizzi and Keith Schembri are represented by lawyers Edward Gatt, Mark Vassallo and Shaun Zammit.
Kevin Deguara and Jean Carl Farrugia were represented by lawyers Franco Debono and Jonathan Thompson.
Attorney General lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina prosecuted.