Tanti, partner and doctor charged with unauthorised procreation while in prison

Convicted murderer Erin Tanti, his partner Marisa Gallo and St James Hospital owner Josie Muscat have been charged with carrying out unauthorised medically assisted procreation after Tanti impregnated his partner while in prison.

In a legal first, all three pleaded not guilty to transferring cells without authorisation when they appeared in court on Monday. 

Tanti, 34, was also charged with committing the offence in November 2024 while serving a prison sentence. It is understood that Gallo has since given birth to the couple's child.

In a packed courtroom, Muscat, an 82-year-old former MP and founder of Saint James Hospital, was also charged with assisting in a medically assisted procreation procedure for another person who was not a prospective parent, for using an unlicensed premises for the assisted procedure, and failing to keep a confidential register of procedures and submit it to the authorities.

Investigators believe a prison doctor helped Tanti get his semen out of the facility and transport it to a clinic where Muscat performed an insemination procedure on Tanti's 41-year-old partner, Gallo. The prison doctor was suspended but not charged.

Tanti, a former drama teacher, is currently 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. 

Lisa Maria Zahra fell to her death from Dingli cliffs in March 2014.

His trial was about to begin in 2019 when he admitted wilful homicide and assisting his teenage student to commit suicide.

Members of her family, including her father, Tony, a prominent hotel owner, were present in the hall on Monday.

Last April, a member of the Zahra family had revealed Tanti was an expecting father, questioning how such a thing could happen to an inmate under supervision of prison authorities.

Members of Lisa Maria Zahra's family, including her father Tony, centre, and uncle Winston, left were in court on Monday. Photo: Chris Sant Fournier

'Around 70-80’ calls between the couple

Taking the stand, police inspector Lydon Zammit said on May 5, police received a report from prison authorities that Tanti had carried out a medical procedure.

Zammit said the police received phone call logs and details between Tanti and his Italian partner, who he had been in a relationship with before he entered prison in 2019. 

Most of the calls took place in 2024, in the lead-up to the medical procedure. Zammit said there were many calls, between “70 to 80”, and the subject of insemination would be brought up, most times indirectly.

During the calls, two medical specialists were mentioned, Dr Christopher Cremona, the prison doctor, and Maria Dolores Spiteri, the prison nurse. He explained how Cremona and Dolores Spiteri helped Tanti to begin the artificial insemination process.

Zammit said the nurse acted as a go between, receiving messages from Gallo and passing them on to the prison doctor, Cremona.  

Cremona said it was explained to the couple that in order for the procedure to be carried out, the couple would need authorisation. The police also questioned the Embryo Protection Authority, the regulator that oversees the procurement and procedures of assisted reproductive technologies.

Gallo and Tanti had contacted the Authority via email regarding both IVF and insemination procedures. The emails between the Authority and Gallo showed the police that the Authority did not grant the couple authorisation to carry out the procedure.

On May 15, Tanti was questioned in prison, and he cooperated with the police, explaining his wish to be a parent.

He claimed that in September 2024, he spoke to the prison director, Chris Siegersma and prisoner welfare commissioner Steve Libreri, who gave him the go-ahead for the procedure but he had no documents to show this.

Sliema hospital has no licence to carry out procedure

Zammit said the procedure in November took place at St James Hospital in Sliema, which has no licence to carry out the procedures, unlike St James Hospital in Żejtun. 

Two procedures took place, the court heard, one on November 2 and another on November 30. The court heard how Tanti never left prison for the procedures.

Zammit said that Cremona spoke to Muscat and said there needed to be a medical courier who would carry Tanti’s sample to the hospital. The two coordinated how to carry out the procedure.

‘Keep the money for the child’

Zammit said Gallo was pregnant during her arrest, and she, too, cooperated with the police. She told the police that the authorities in June 2024 had informed her that she was not eligible for free treatment.

She also shared email conversations with Muscat and confirmed she had met him several times at the hospital. She also said two procedures took place, and the samples were brought from a medical courier to the hospital.

All of Gallo’s emails from the authority, doctors, and the hospital were provided to the police. Emails between Gallo and the nurse showed that the two were often in communication.

Zammit said that at one point, Gallo offered to pay Dolores Spiteri for helping the couple with the procedure. 

“Keep the money for the child,” the nurse replied, indicating to the police that no money was passed on to the medical professionals at the prison.

He explained how both Cremona and Dolores Spiteri were arrested in prison, but the two were not to be legally charged. Zammit said that according to the law, the two carried out the procedures with all precautions, and only “disciplinary steps” by the prison would be taken.

‘Medical courier had no idea who the sample belonged to’

Zammit also described the role of the medical courier, a man who worked for Muscat. 

He said Raymond Agius worked for Muscat for over eight years, and was known as an individual who takes on random jobs when something is needed. He was also described as at times to be Muscat’s driver.

Zammit said he was the courier who went to pick up the sample from prison, and described the sample being in a bag. Zammit said Agius did not know what the sample was or who it belonged to.

Muscat was also arrested in May, and Zammit said he did not respond to questions, arguing he was bound to professional secrecy. Instead, he gave police details on how the insemination process takes place.

During the cross-examination, defence lawyer Jason Azzopardi, asked the inspector if Muscat was mentioned during any of the phone calls between Tanti and Gallo in 2024.  

Zammit said that from the investigations, Muscat was never mentioned. Azzopardi also asked if Muscat was ever mentioned in conversation between Galdo and prison welfare commissioner Steve Libreri to which Zammit said Libreri would have to be asked the question. 

Zammit also confirmed this to be the first case of such a crime.

The case continues on October 9 at 10am.Magistrate Leonard Caruana presided. Franco Debono and Matthew Xuereb assisted Tanti and Gallo. Jason Azzopardi, Nicolai Bugeja, and Joseph Bugeja represented Muscat. Police inspector Lydon Zammit and Stephen Gulia prosecuted.