UK police do not intend to chase after Vitals inquiry expert Jeremy Harbinson

UK authorities do not intend to pursue financial crimes expert Jeremy Harbinson to testify in the case against Joseph Muscat and others, having told their Maltese counterparts they now consider the case "closed".

The decision was revealed in a court hearing on Wednesday, which heard that Harbinson has presented UK authorities with an affidavit listing reasons why he cannot testify in the case.

Harbinson was expected to testify remotely on Wednesday, having previously said he would not be flying to Malta to testify as he “feared for his safety”.

Instead of Harbinson, the court heard lawyer Sean Xerri De Caro from the Attorney General’s international relations department. He explained that Harbinson had presented an affidavit to UK authorities dated February 10, 2025 in which he listed reasons why he could not testify in proceedings.

Another document provided by UK authorities indicated that Harbinson is not in the country and will not be returning for a significant amount of time. 

Asked by the court what will happen with the dates already scheduled for Harbinson to testify, Xerri De Caro said “if one reads the affidavit, one can draw their own conclusion”.

In another document provided by UK authorities and read out in court by defence lawyer Vincent Galea, UK police said “we now consider this matter closed”.

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 Muscat, his right-hand man Keith Schembri and several other people, ranging from politicians to civil servants, lawyers and entrepreneurs. All are pleading not guilty to charges. 

 In a separate case earlier this week, he was fined €500 for failing to appear before the Criminal Court. 

Prosecution exploring all legal avenues

Prosecutors told the court they will be exploring all legal avenues to compel the witness to testify.

Prosecutor Francesco Refalo dictated a minute in which he said: “in view of the declarations made by the UK authorities on the request for assistance so that Jeremy Harbinson testifies remotely, the prosecution declares that it would do all that is legally possible to bring Harbinson to Malta to testify and answer to all those questions that he has to reply to. The prosecution will be doing this in the best interest of justice and the administration of justice.”

The AG lawyer also solicited the court to deplore the fact that an expert appointed by the court was failing to perform his duties towards all parties in the case.

“The prosecution is requesting the court to take all the necessary measures in these circumstances,” Refalo concluded.

Defence: Clients' lives are on hold due to this witness

Defence lawyer Franco Debono argued that the prosecution had based its case on Harbinson. 

“He [Harbinson] is not an ordinary witness but a court-appointed expert, and the star witness in this case,” Debono said, also adding that the defendants have freezing orders imposed on their assets.

Debono asked the court to evaluate whether Harbinson’s behaviour constitutes a breach under Article 522, which provides for the powers of the court in case of a prevaricating witness. He urged prosecutors to consider their options, describing Harbinson as an “indispensable” witness in the case.

Article 522 allows the court to order the arrest of a prevaricating witness and sentence them to up to three months of jail and a fine of up to €4,600. 

Defence lawyer Vince Galea insisted that defendants’ lives were effectively on hold until Harbinson testified.

Harbinson had initially told the court that he could not leave the UK because his wife was unwell, Galea noted. But from the documents received by the Attorney General, it appears Harbinson had left the UK and will be out of the country for some time.

Defence lawyer Jason Grima observed that an accused has a right for the proceedings to be held within a reasonable time.

“Will the prosecution continue with the case?” defence lawyer Edward Gatt asked.

Lawyer Giannella De Marco noted that Harbinson had told the courts that he will not come to testify and neither does he want to testify.

The court is set to deliver a decree in December.

Magistrate Lara Lanfranco presided.

AG lawyers Francesco Refalo, Shelby Aquilina and Rebekah Gatt prosecuted.

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 different defendants