Former Steward Healthcare CEO Ralph de la Torre is asking the local courts to halt criminal proceedings against him, arguing that an ongoing case in the United States could be used to incriminate him in Malta.
Among others, prosecutors have filed charges in Malta against De la Torre over his involvement in the fraudulent hospitals’ privatisation deal. He has not been formally charged yet.
That contract, now annulled by the courts, was taken over by his company, Steward Healthcare, after the original concessionaire, Vitals Global Healthcare, moved out of the picture.
Steward has since filed for bankruptcy in the US.
De la Torre’s legal team has now filed a court application to the constitutional court explaining how he has been summoned by the US Senate to testify in relation to the bankruptcy of Steward and alleged misappropriation of funds.
At the same time, however, they also filed a case with the United States District Court for the District of Columbia, invoking his Fifth Amendment – the right to remain silent – to avoid self-incrimination.
His legal team is arguing that there cannot be two parallel criminal cases before two jurisdictions, as any testimony that he may give in the US could be used against him in criminal proceedings taking place in Malta.
They argued that this is in breach of De la Torre’s right to remain silent in case of self-incrimination, in light of Maltese criminal proceedings.
They added that the conclusions of the magisterial inquiry, which led to his charges, are based on a report attributed to Jeremy Harbinson, who has refused to testify in Malta. The company Harbinson Forensics Ltd was recently liquidated.
Therefore, De la Torre argued, any criminal proceedings taken against him would breach his right to a fair hearing.
He requested that criminal proceedings against him not be taken, or if these have already begun, they are withdrawn or suspended until both cases in the US are completed.
Lawyers Jose Herrera, Matthew Xuereb and David Camilleri signed the court application.