Vitals prosecution asks for more time to draft request for foreign testimony
Court expert Jeremy Harbinson has said he will not travel to Malta over fears for his safety
The prosecution in the “fraudulent” Vitals hospitals case has asked for more time to draft a letter requesting a foreign court hear testimony from forensic accountant Jeremy Harbinson, who has refused to testify in Malta.
In February, Harbinson submitted an affidavit to the court saying he was refusing to testify in Malta because of fears for his safety. He his experiences and insights over the past seven years meant he would “never return to Malta” and has continued to refuse to testify.
The court case into the hospital's deal, which saw the running of three state hospitals handed over to Vitals Global Healthcare (VGH), a company with no experience in the sector, was triggered following a magisterial inquiry into the deal.
A raft of companies and individuals are facing charges, including former Prime Minister Joseph Muscat and other top government officials.
Criminal proceedings against lawyers Deborah Chappell, Jean Carl Farrugia and Kevin Deguara and Chief Financial Officer Kenneth Deguara resumed on Wednesday afternoon.
The four are pleading not guilty to money laundering charges, among other accusations.
Prosecutor Shelby Aquilina requested a court adjournment, explaining the prosecution needed more time to prepare a ‘letter rogatory’ – a formal request for assistance sent to a foreign court asking it to act as proxy to hear testimony from a witness or expert.
The process involves the person providing testimony being asked questions prepared in advance by the defence and prosecution, usually in a single sitting. The defence may request someone in the foreign court to represent them.
The defence objected to the request Wednesday and made submissions listing its objections.
Defence lawyer Franco Debono argued the situation was very “worrying” because the defence and court were faced with a court-appointed expert “doing everything he can not to come to testify before the court”.
He accused the prosecution of trying to “bypass” procedure by resorting to the request and insisted the court should be able to witness the testimony of experts – and their behaviour in court – for themselves.
“He [Harbinson] is telling us he does not want to come to court, he wants to be paid to testify, among other things,” Debono said as he referred to different statements Harbinson made in previous proceedings and others related to the VGH inquiry.
Debono claimed that by refusing to testify, the expert was committing an offence, before going on to argue the court should be in a position to evaluate Harbinson’s demeanour.
He also argued that some companies connected to court-appointed experts were in liquidation, which he remarked was relevant to the case.
Aquilina chimed in: “We haven’t formally requested to avail ourselves of the letter rogatory procedure".
Defence lawyer Stefano Filletti objected to the adjournment request, saying it was only being called for because Harbinson was not physically present in the courtroom. He recalled that the prosecution had asked the court for Harbinson to testify via videoconferencing, but this was eventually rejected.
“Why haven’t they summoned him?” Filletti asked. He also voiced his other concern since Harbinson opted to wind up Harbinson Forensics Ltd.
Voicing concerns about Harbinson’s decision to close his company Harbinson Forensics Ltd, he asked: “Jeremy Harbinson signed the report as a director of that company but what happens once it [the company] is wound up?”
The court upheld the prosecution’s request, and the case was adjourned to April 14 at 9.15am.
Criminal proceedings against Manuel Castagna and Aron Mifsud Bonnici were held in a separate sitting and the case was adjourned to July 9 at 10am, when court expert Martin Bajada is expected to testify on a task he was appointed to carry out in connection with the case.
Lawyers Shelby Aquilina, Francesco Refalo and Rebecca Spiteri prosecuted on behalf of the AG’s office, assisted by police inspector Wayne Rodney Borg.
Lawyers Arthur Azzopardi, Franco Debono, Giannella De Marco, Stefano Filletti, Franco Galea, Charles Mercieca, Ezekiel Psaila, Michael Sciriha and Stephen Tonna Lowell are representing the accused
Magistrate Leonard Caruana is presiding over the court