Pregnancy test taken to CCF sparked investigation into Erin Tanti IVF case

A pregnancy test taken to Corradino Correctional Facility sparked an investigation into what “may have happened”, the CEO of the Correctional Services Agency Etienne Scicluna told a court on Monday.

Criminal proceedings resumed against convicted murderer Erin Tanti, his partner Marisa Gallo and St James Hospital owner Josie Muscat.

The trio are pleading not guilty to charges in connection with unauthorised medically assisted procreation.

Scicluna took the witness stand on Monday afternoon and explained that some time in November or December 2024, he was informed that Gallo took a pregnancy test to a visit she had with Tanti.

Tanti is serving a 20-year sentence in Corradino Correctional Facility for the murder of 15-year-old Lisa Maria Zahra, who fell to her death from Dingli cliffs in March 2014.

The presence of the pregnancy test raised suspicions and the CSA kicked off an internal investigation. Scicluna said that the first suspicion was that the couple could have conceived the child when Tanti was out of prison, however, this “possibility was very remote”.

This was established after talking separately to the correctional officers who had accompanied him on the visit.

“From the details they gave us, in our opinion, there could have been no sexual contact,” Scicluna said.

Tanti’s calls were then monitored and the prison authorities figured out that there could have been people from outside prison involved in the matter.

In May 2025, the prison authorities informed the police about the case and handed them recordings of Tanti’s calls to investigate the matter.

Scicluna explained that from the calls it was understood that some people in prison knew something about the case and others from outside prison were involved, reiterating that this was the reason why an investigation was requested.

Doctor, nurse under suspicion

He added that suspicions fell on Dr Christopher Cremona and Nurse Doris Spiteri, who worked at CCF’s medical centre. Asked to explain what their involvement was, Scicluna said that the pair changed tone or topic when asked about the case, and the prison authorities suspected that they could have been involved.

Scicluna said there were administrative proceedings against Cremona that are still ongoing, while the nurse admitted to the charges brought against her in the disciplinary proceedings.

The witness said he had never discussed artificial insemination with Tanti but they spoke after the child was born. Gallo on the other hand, had sent some emails after giving birth because she did not want to pass through the scanners since she was breastfeeding.

A correctional officer presented a copy of the Tanti’s phone calls from CCF made between September 2024 and May 2025.

Questioned by defence lawyer Jason Azzopardi, he confirmed that none of the phone calls made were to Muscat.

When taking the witness stand, psychiatrist Marija Axiak explained that she has known Tanti since he was under preventive arrest at CCF. 

In one of their conversations, Tanti had opened up about his anxieties in his relationship with Gallo, who is older than him. Tanti reportedly told the psychiatrist that by the time he had served his sentence, Gallo would be 46 and there would be no possibility for them to become parents.

Prison welfare commissioner Steve Libreri also took the stand and explained that prison director Christopher Siegersma requested his assistance after receiving an email from Gallo requesting that they access IVF.

'Big, strange' request

Some time before the email, Tanti had sent Libreri a letter in which he explained that Gallo and himself were exploring the possibility of accessing IVF. Libreri explained that accessing artificial insemination required certain authorisations, including an explicit permit by the prison leave advisory board and director.

“The director felt I could assist, probably because my past history in child protection. He [Siegersma] had already told me he is morally convinced that it should not be allowed to happen,” Libreri recalled, as he explained that as a welfare commissioner, he was responsible for keeping the prison authorities in check and ensure that the inmates’ rights are safeguarded.

Describing it as a “big” and “strange” request, Libreri said normally complaints are about foods or warders.

He then took it upon himself to speak to different entities and try and understand the matter at hand. When speaking to Gallo, she directed him to consult with the Embryo Protection Authority, where she suggested he would speak Dr Simone Attard.

Attard clearly told Libreri that the inability of having a physical encounter was not one of the grounds prescribed by law to be able to accede to the service. He explained that the way he understood it, whether paid or through the national health service, Gallo and Tanti were ineligible for IVF since there was a procedural barrier.

He recalled that Gallo and Tanti wanted to be “above board” and “did not want to have a sneaky act and breach the regulations”. Libreri added that as far as he was aware, Tanti never got a final answer.

When he informally spoke to Tanti after encountering him outside his office, Libreri did not inform him about what Attard had told him. The witness told Tanti that he may have to speak to his lawyer and seek recourse before the Constitutional Court.

He meanwhile told Siegersma that it should be the EPA that formally informs Tanti and Gallo that they could not get an artificial insemination.

Cross-examined by defence lawyer Matthew Xuereb, Libreri insisted that the EPA had to inform the accused adding that there was a designated authority that decided on such issues.

Asked on whether the commissioner sought legal advice on the request, Libreri explained that in his two years in the post, he realised that there needs to be better networking and that his office has grown from a “one-man show” to “two”.

He reiterated that he had understood that Tanti and Gallo were “definitely barred” from accessing IVF.

The case continues in January.

Magistrate Leonard Caruana presided.

Police inspectors Lydon Zammit and Stephen Gulia prosecuted.

Lawyers Jason Azzopardi, Joseph Bugeja and Nicolai Bugeja assisted Muscat.

Lawyers Franco Debono and Matthew Xuereb are assisting Tanti and Gallo.