VGH inquiry expert fined €500 after failing to appear in court
Jeremy Harbinson, who previously said he would never return to Malta over safety fears, found in contempt
Court-appointed VGH inquiry expert Jeremy Harbinson was fined €500 for failing to appear before the Criminal Court on Thursday morning.
Harbinson, who lives in Northern Ireland, was due to testify in proceedings brought by several defendants who are contesting the amounts laid down in freezing orders issued against them in criminal proceedings that stemmed from the magisterial inquiry into the fraudulent hospital deal.
Earlier this year Harbinson had declared he had decided he would “never return to Malta” as he feared for his safety.
Chief Marshall John Micallef testified that he personally took care of serving the summons to Harbinson and followed the tracking number.
“The witness was successfully subpoenaed,” Micallef informed the court.
The Criminal Court asked if anyone had informed him that Harbinson could not attend, to which Micallef replied “no”.
Lawyer Franco Debono invited the court to assess whether the witness just failed to appear or whether Harbinson does not want to testify and take the necessary measures. Debono insisted that the court should issue an arrest warrant for Harbinson, to which Madam Justice Edwina Grima replied that the Criminal Court’s jurisdiction is on Malta and in this case she would have to issue an escort warrant, which however, the court marshals could not execute unless Harbinson is on Maltese territory.
Lawyer Charles Mercieca suggested that the warrant could be issued and once Harbinson is in Malta, it could be enforced.
The Criminal Court dictated a note, highlighting that Harbinson had been summoned and successfully subpoenaed but failed to attend to Thursday’s sitting. It found him guilty of contempt of court and fined him €500. The court also noted down, that the minute it is informed Harbinson is in Malta, it would issue an escort warrant and hold an urgent sitting, so that Harbinson testifies before it.
Thomas Patterson, who was also appointed an expert in the inquiry, testified remotely during the sitting.
He explained that he would receive documents and information and place them in the store. He would also search for the documents when requested by other experts or the inquiring magistrate. Patterson underlined that he was not involved in drawing up the report nor did he determine any figures.
When his testimony came to an end, Patterson said: “Is that it? I love Malta.”
During Thursday’s sitting the lawyers assisting the plaintiffs requested that State Advocate Chris Soler is brought to testify in these proceedings after the conclusion of the case in front of the International Court of Arbitration.
The AG lawyers remarked that the tribunal's decision is not relevant to the freezing orders imposed on the defendants.
The court acceded to the request and ordered that the State Advocate testifies later this month. It also ordered that he files an official copy of the decision in the records of the week within a week.
Madam Justice Edwina Grima presided over the Criminal Court.
AG lawyers Francesco Refalo, Rebekah Gatt and Shelby Aquilina prosecuted.
Lawyers Vince Galea, Ishmael Psaila, Charlon Gouder, and Etienne Borg Ferranti are assisting Muscat.
Lawyers Franco Debono and Jonathan Thompson are assisting Jean Carl Farrugia and Kevin Deguara.
Lawyer Charles Mercieca is assisting Mario Victor Gatt.
Lawyer André Portelli is assisting David Joseph Meli.
Lawyers Edward Gatt and Mark Vassallo are assisting Keith Schembri and Konrad Mizzi.
Lawyer Stephen Tonna Lowell is assisting Brian Tonna, Karl Cini and Nexia BT.
Lawyer Chris Cilia appeared for MTrace.
Lawyer Stefano Filletti appeared for Adrian Hillman.
Lawyers Shazoo Ghaznavi, Alex Scerri Herrera and Jessica Formosa appeared for Clarence John Conger-Thompson, Shaukat Ali and Wasay Bhatti.