Issue link: https://maltatoday.uberflip.com/i/1533342
8 maltatoday | SUNDAY • 16 MARCH 2025 NEWS KURT SANSONE ksansone@mediatoday.com.mt Vitals corruption case: Expert's refusal THE continued refusal of a foren- sic accountant to testify about his report in the Vitals inquiry risks weakening the prosecution's case against Joseph Muscat and others. Jeremy Harbinson's refusal to come to Malta and take the wit- ness stand could compromise the prosecution's case, especially if the court expunges his report from the acts. If this happens, the prosecution will lose its single most important source of evidence on which it has built its case against all individu- als and companies charged with wrongdoing. Such an outcome will not only have legal ramifications but also political ones. Harbinson was appointed as a court expert by Magistrate Gabri- ella Vella, who presided over the Vitals inquiry. Harbinson oversaw a team of 30 experts who produced a voluminous report based on the analysis of company documents, bank transactions and electronic exchanges. The 1,200-page report was the sole basis on which the inquiring magistrate reached her conclusions. The Vitals inquiry recom- mended criminal action be taken against former prime minister Joseph Muscat, former minister Konrad Mizzi and former Office of the Prime Minister chief of staff Keith Schembri on charges of cor- ruption and money laundering. The inquiry also recommended criminal action on lesser charges against former ministers Edward Scicluna and Chris Fearne, and three ex-permanent secretaries. Several company bosses, Maltese and foreign, and their accountants and lawyers, were also charged with various crimes, including money laundering. All have plead- ed not guilty. But now, Harbinson, who has since given up his warrant to prac- tice as an accountant, is refusing to come and testify on the find- ings. The issue is currently playing out in front of Judge Edwina Gri- ma, who is presiding over a case in which the accused are challenging the freezing orders imposed on them by the magistrate's court. Muscat was hit by a freezing order to the tune of €30 million. Some of the other accused were also hit by freezing orders running into millions. In Muscat's case, his lawyers are asking that the frozen amount should be based on the €60,000 mentioned in the inquiry. Simi- lar arguments are being made by some of the other defendants. Fearful to return to Malta But during proceedings, the de- fence has so far been denied the opportunity to question Harbin- son. In an affidavit submitted to the judge by email last month, Har- binson said he will "never return to Malta" out of safety concerns. He did not specify what these safe- ty concerns are. But crucially, Harbinson also insisted the report he was entrust- ed to draw up made no mention of criminal charges or freezing orders. He said it was not to be shared with third parties without due permission and was not in- tended to be used for prosecution purposes. He also noted that from his long experience of criminal investi- gations in the United Kingdom, he expected that, if criminal pro- ceedings were to result from the inquiry, the professional experts would be consulted by police and prosecutors about any such pro- ceedings. This work, he added, would be the subject of a separate commercial contract. According to Justice Minister Jonathan Attard, Harbinson was paid around €10 million for his work linked to the Vitals inquiry. But irrespective of Harbinson's arguments, court experts are re- quired by law to testify in court about their reports. His refusal to do so deprives the defendants the opportunity to question him as is their right. MaltaToday understands that Harbinson's behaviour has an- gered the inquiring magistrate, who appointed him for his exper- tise. No other option In these circumstances, defence lawyers for some of the accused have asked Judge Edwina Grima not to take cognisance of Harbin- Jeremy Harbinson Joseph Muscat and Armin Ernst