Vincent Muscat’s lawyers are “forcefully” objecting to the Attorney General’s request to have Daren Debono, known as it-Topo, added as witness at the upcoming trial over the failed HSBC heist.

The issue first cropped up in January on the eve of the trial where Muscat, known as il-Kohhu, and Debono were due to face accusations over their alleged involvement in the 2010 attempted armed robbery at HSBC in Qormi.

But on the eve of the trial, Debono struck a plea bargain whereby the AG dropped attempted homicide charges against him in exchange for evidence against his former co-accused.

Debono was subsequently jailed for 10 years and six months and fined €18,000.

However, that unexpected twist of events triggered heated arguments by Muscat’s lawyers who strongly opposed the prosecution’s request to add Debono to their list of witnesses.

It-Topo’s position had shifted overnight from that of co-accused to prosecution’s main witness, a move described by Muscat’s lawyers as “a bolt out of the blue.”

Debono affected had never testified at the compilation of evidence stage and therefore his testimony at the trial was inadmissible, the defence argued.

The Criminal Court, presided over by Mr Justice Giovanni Grixti, thus put off the start of the trial and sent the records back to the magistrates’ court to hear Debono’s testimony.

But on the appointed date, no sooner had Debono stepped onto the witness stand before Magistrate Monica Vella than he declared that he would only testify against Muscat, refusing to mention any third parties involved in the HSBC case.

“I won’t risk the life of my wife and children,” Debono had stated adamantly.

The magistrate ordered his immediate arrest and investigation for refusing to cooperate in terms of the plea deal and fresh charges ultimately resulted in a six-month jail term and a €4,600 fine.

In October that conviction was confirmed on appeal.

The six-month jail term was halved on the basis of a legal technicality since Debono could only be found guilty of a lesser form of recidivism.

When delivering final judgment, Mr Justice Aaron Bugeja made that clear.

Following his plea deal, Debono was bound by law to tell “the truth, the whole truth and nothing but the truth,” and could not invoke the need to testify only about part of the story, leaving out relevant details, the Judge observed.

If Debono feared for his own safety and that of his family, he was to ask for and obtain all necessary protection against any possible vendetta by ill-intentioned third parties, but he could not refuse to testify when asked to do so by the competent court.

Failing to do so was a very serious fact that hindered the administration of justice.

Although punishment was being reduced upon a legal issue, the three-month jail term was nonetheless the maximum allowed by law, Mr Justice Bugeja concluded.

'Our client is asking for a fair trial'

Following that final judgment, proceedings related to the HSBC trial resumed on Tuesday before Mr Justice Giovanni Grixti.

AG lawyer Giannella Busuttil renewed the prosecution’s request to have Debono admitted as a witness.

And once again Muscat’s lawyers objected, requesting time to make further submissions about this “bone of contention.”

“Since then [January], matters have evolved. Today, we have all the more reason to object than we did in January,” started off lawyer Franco Debono.

“All our client is asking for is a fair trial….How can you have a fair trial with such a witness who refused to testify the moment he took the witness stand?”

Recalling the “surprise plea deal” which had “shocked the whole country” on the eve of the trial, the lawyer said that the AG had “presented a new witness and not some peripheral witness but the alleged accomplice.”

“Now what do we have today?… Any step forward? No! Only a step backwards.”

Since January, Debono was not only a “career criminal who had been interdicted” but now also had a conviction for refusing to testify.

That was why the defence was “objecting forcefully” to Debono being included as witness at the trial.

“You knew about that request back in January,” pointed out the AG lawyer.

“We did not know that he would appear before [Magistrate] Monica Vella, lie and land a three-month jail term,” retorted the defence.

In light of those arguments, Mr Justice Grixti upheld the defence’s request, granting them three weeks to file written submissions.

The court also ordered that a copy of the appeal judgment delivered by Mr Justice Bugeja was to be inserted in the records of the case.

At the end of the hearing, Muscat, who all throughout the sitting followed silently at the dock under tight security, was escorted out of the hall back to Corradino where he is serving a 15-year jail term after admitting to his role as hitman in the assassination of Daphne Caruana Galizia.

The case continues in January.

AG lawyers Giannella Busuttil and Francesco Refalo prosecuted.

Lawyers Franco Debono and Roberto Montalto are defence counsel.