Police ordered to look for Vitals court expert Jeremy Harbinson
Northern Ireland authorities say Harbinson is not in the UK, and they don't know where he is
A court has ordered the police to look for Jeremy Harbinson – the Vitals inquiry court expert who is refusing to testify in proceedings related to the Vitals hospitals deal.
In February last year Harbinson declared that he was refusing to testify in Malta out of fear for his safety. He said the experiences and insights he has gained over the previous 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.
Magistrate Leonard Caruana ordered the police commissioner “to carry out all necessary investigations to determine the potential whereabouts of Jeremy Harbinson”.
The decision came after Northern Irish authorities said that Harbinson's legal representatives told them that Harbinson was not in the United Kingdom.
After receiving that statement, the Northern Irish authorities considered the case closed, but said they would be open to receiving another request if Maltese authorities could pinpoint the whereabouts of the court expert.
Harbinson was the leading financial crimes expert engaged in a years-long inquiry into the failed Vitals-Steward hospitals deal.
That inquiry recommended criminal charges against former prime minister Joseph Muscat, his chief of staff Keith Schembri, and several other people, ranging from politicians to civil servants, lawyers and entrepreneurs. All are pleading not guilty to the charges.
Harbinson has so far refused to testify, even remotely, in the proceedings.
Since then, the prosecution has been communicating with Northern Irish authorities about Harbinson testifying via video conference.
A magistrate ruled last December that only Northern Irish courts could compel Harbinson to testify.
In his ruling on Friday, Magistrate Caruana said that while under Maltese law a witness is compelled to testify, it is unclear whether the same rules apply in Northern Ireland.
Therefore, besides ordering the police commissioner to search for Harbinson, Magistrate Caruana also ordered the Attorney General to check with competent authorities in the UK whether Harbinson: “As a witness or expert, has a right at law to choose not to testify and whether he has formally chosen to exercise such right”.
The court also wants the AG to find out what steps the UK competent authorities will take if Harbinson does not have the right to choose whether to testify or not.
The AG must also find out if Harbinson has been formally summoned in person (not through his lawyers) to testify.
Before those questions are answered, the court cannot consider a defence counsel’s request to arrest and imprison Hsrbinson for refusal to testify.
AG lawyers Francesco Refalo, Shelby Aquilina and Rebekah Gatt are prosecuting the Vitals case.
Lawyers Vince Galea, Giannella De Marco, Franco Debono, Arthur Azzopardi, Stefano Filletti, Edward Gatt, Charles Mercieca, Kathleen Calleja Grima, Shaun Zammit, Shazoo Ghaznavi, Jessica Formosa, Luke Dalli, Mark Vassallo, Alex Scerri Herrera, Joseph Mizzi, Jonathan Thompson, Chris Cilia, Stephen Tonna Lowell, Ishmael Psaila, Charlon Gouder, and Etienne Borg Ferranti are representing the defendants.