Witnesses already testify using video conferencing, Justice Minister Jonathan Attard said after Repubblika accused the government of failing to enact regulations to allow a key Vitals inquiry expert to give video testimony.

Several lawyers contacted by Times of Malta confirmed that video testimony is regularly allowed in Maltese courts in both civil and criminal cases.

“It’s the magistrate’s choice on whether to allow video testimony or not. The defence or the prosecution can, of course, object but it is the magistrate who decides,” one lawyer explained.

Another said that video conferencing is often used to hear the testimony of children, people who are sick and foreigners living abroad. But, sometimes, expert testimony is also heard.

Last year, for example, former Europol expert Marinus Martin Van Der Meij testified in court via video link during the compilation of evidence against Yorgen Fenech, the man suspected of ordering the murder of Daphne Caruana Galizia.

A spokesperson for Repubblika said when contacted that, even though testimony is heard via video link, the lack of guidelines by the minister for justice is a “stumbling block”, especially if the witness is testifying from abroad.

Provisions for people to testify via video conference from abroad are codified into law but the law also says that the justice minister needs to provide guidelines on the technicalities of the procedure.

“We have not identified any subsidiary legislation that includes regulations that prescribe such codes of practice. Consequently, we believe that the provision of the law is ineffective and the court cannot rely on it,” the spokesperson said.

UK-based forensic accountant Jeremy Harbinson, who was the court’s leading expert for the Vitals inquiry, has failed to testify in court numerous times. He said the experiences and insights he gained over the past seven years “means that I fear for my safety and I have decided that I will never return to Malta”.

However, a judge has now warned that he was appointed as a court expert under Maltese law and could be summoned to testify under the same law.

Quoting Maltese legislation, Repubblika said that when a court deems the testimony of a foreign authority indispensable, it can ask for a letter rogatory.

The rule-of-law NGO added that separate legislation allows video testimony of a witness based abroad. However, despite the law allowing this was amended in 2015, the necessary regulations for video testimony have still not been enacted 10 years later.

“This is unacceptable... the government, and, specifically, Minister Jonathan Attard should shoulder responsibility for this failure,” Repubblika said.

Commenting on the NGO’s statement, Attard said he and his ministry will consider any communiqué from the court on the matter.

“If there is a communiqué from the court, not from an organisation, on the necessity of a legislative intervention, we will analyse that as we do with every communiqué from the court.”

He said the upcoming reform on magisterial inquiries will change the way experts are engaged.

“If the court gives you a role, you need to respect that role and this reform will lead to a more serious system of how experts are appointed.”