The president of rule of law group Repubblika, Robert Aquilina was produced as a witness by the defence on Wednesday in the ongoing compilation of evidence against Pilatus Bank and its former money laundering reporting officer Claude-Ann Sant Fournier.
Sant Fournier stands accused of aiding and abetting money laundering activities both in her personal capacity as well as in her former official role at the bank.
During a previous sitting, defence lawyer Stefano Filletti had questioned why other people allegedly linked to the same criminal wrongdoing were still being “investigated” but had not yet been charged.
Last week, Aquilina exhibited documents in separate proceedings showing that the magistrate handling the Pilatus inquiry had ordered police to take criminal action against the bank and six officials. Repubblika subsequently challenged the attorney general's decision not to press charges against five former Pilatus officials as well as former OPM chief of staff Keith Schembri.
Aquilina explained on Wednesday that while the inquiring magistrate had ordered criminal action against the bank and six officials, only the bank and Sant Fournier had been criminally prosecuted.
No other steps were taken against the others, despite documents showing that the AG had signed a “no objection” to international and European arrest warrants being issued against the officials concerned.
Interjecting, Magistrate Donatella Frendo Dimech explained that the AG had no role in so far as International Arrest Warrants were concerned. As for European Arrest Warrants, the AG’s role was to certify the documents produced and make recommendations.
But once the warrant was issued, the matter was entirely up to police to proceed through foreign channels such as Interpol and the Sirene system.
Resuming, Aquilina explained how one of the Pilatus officials had, seven months after the warrants were issued, testified in separate proceedings concerning the bank.
This particular official was allowed to walk out of court after testifying, without being arrested even though two AG lawyers had been present during his testimony.
Arrest warrants targeting several former Pilatus Bank officials “had not been found” and new ones signed by a different magistrate had not yet been sent abroad up to the start of this year, Aquilina testified.
Following Aquilina’s testimony, lawyer Stefano Filletti said that the defence had produced this witness after asking for full disclosure and been told by a police witness on oath that he had given the defence “all he had.”
When charges against Sant Fournier were filed, the defence were told that that was “on the AG instructions” and when asked why only Sant Fournier had been charged, again her lawyers were told that "the AG has to answer that,”
“I need some clarity because my client’s life has been wrecked,” said Filletti.
Justice had to be served even by ensuring that there was “no monkey business at investigation stage,” went on the lawyer.
“I have to ask this here because when I asked the police I was totally stone-walled.”
The prosecution then summoned former bank directors Philip Mercieca and Armin Eckermann.
When asked by their lawyers, the prosecution repeated that “at this stage” no criminal action was planned against the witnesses.
But with the prosecution still seeking information via rogatory letters to various foreign jurisdictions, the witnesses’ lawyers, Veronique Dalli and Andre’ Portelli respectively, said they lacked assurance.
They thus both exercised their right for their clients not to give evidence so as not to potentially incriminate themselves.
The final witness was Arianne Gaerty, a former bank official, who was summoned a second time to testify about “new emails” which had emerged.
Shown a handwritten note found in the acts of the case, the witness said that it was not her handwriting.
“I think this is Lana Headley’s” she added.
Pressed by the prosecution to tell “everything she knew” about the documents, the witness explained that she would receive instructions from the compliance department.
However she could not indicate the person issuing the instructions, explaining that it could have been “Claude-Ann, it could have been several people… Even Antoniella [Gauci] would send us instructions to press certain clients.”
At the end of the sitting, the court ordered the prosecution to produce all remaining witnesses present in Malta by the end of the month.
As for those abroad, rather than request information via rogatory letters, the court directed the prosecution to explore the possibility of having witnesses testify via video conference, once it was ascertained that they were not deemed to be liable to criminal prosecution.
Inspector Pauline Bonello prosecuted, assisted by AG lawyers Marthese Grech and Ramon Bonnet Sladden.
Lawyers Stefano Filletti, Maurice Meli and Kathleen Calleja Grima are counsel to Sant Fournier.
Lawyers Stefan Camilleri and Roberto Cassar are assisting Fabio Axisa who was appointed as competent person to represent Pilatus Bank.