Issue link: https://maltatoday.uberflip.com/i/1541557
6 maltatoday | SUNDAY • 27 MARCH 2022 OPINION 2 maltatoday EXECUTIVE EDITOR KURT SANSONE ksansone@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 23 NOVEMBER 2025 Harbinson's Houdini act Editorial JEREMY Harbinson's continued refusal to testify in court proceedings despite being the court-ap- pointed expert in the Vitals hospitals corruption inquiry is seriously undermining the prosecu- tion's case. Harbinson had been appointed by the inquiring magistrate as an expert to lead a team that car- ried out a forensic audit of companies linked to the hospitals concession. They evaluated money trails, bank statements, emails, company struc- tures and ownership to produce a voluminous report that formed the basis upon which the magistrate recommended criminal action be tak- en against several individuals. These individuals included former Prime Minister Joseph Muscat, his then chief of staff Keith Schembri, and for- mer ministers Konrad Mizzi, Chris Fearne and Edward Scicluna among many other private indi- viduals, public officials and companies. As a court expert, Harbinson is obliged to testi- fy about his report, if required to do so. Indeed, it is unprecedented that a court expert refuses to testify, even remotely. He has truly done a Houd- ini act—disappearing and leaving his audience bewildered by the audacity. His protestations today that he was unaware of what was expected of him when accepting the job, sound hollow. Similarly hollow is his claim that he does not want to come to Malta because he fears for his safety. If this is the case, the mag- istrate can order all the protection measures needed to ensure Harbinson's safety is assured at all times. A story that appeared in Politico last week on corruption in Malta seemed to suggest that a purported 2022 break-in on Harbinson's hotel room from where his passport was allegedly sto- len was the reason why the expert feared for his safety. That story has not been corroborated by Harbinson himself apart from the fact that the expert had continued working on the Vitals mag- isterial inquiry for more than a year after that al- leged incident. If, however, Harbinson has been threatened in some way, the Maltese police must investigate the matter and get to the bottom of things. But this would necessarily require Harbinson to co- operate, something he appears unwilling to do. The defence has a right to examine Harbinson as a witness and challenge his findings. If the de- fence is denied this opportunity it can argue for his findings to be expunged from the case on the basis that the accused would be denied a fair trial. We are not yet at that stage and the prosecution should do everything within its power to try and get Harbinson to testify. If need be, an interna- tional arrest warrant should be issued. But even in the eventuality that Harbinson's re- port and conclusions are expunged, it does not mean the case against the accused is automati- cally dead in the water as some would want us to believe. We are nowhere near that stage. The testimony of other experts still stands as do the documents and evidence collated throughout the magisterial inquiry. On the basis of the evi- dence in hand, the prosecution can still build its case without having to depend on Harbinson's conclusions—a hard slog indeed and one that would exact every ounce of energy and wit from the Attorney General's lawyers. Whether this will be sufficient enough to get a conviction in all or some of the cases is another matter altogether. What is certain is that Har- binson's antics have weakened the prosecution's hand and made their life significantly more dif- ficult, ensuring these criminal cases will drag on for more years to come. In many ways it is a déjà vu of the Enemalta oil scandal, where the compilation of evidence against the main protagonists has dragged on for 12 years with no end in sight. It is a shame that what is ostensibly the biggest case of money laundering, corruption and fraud, involving so many high-profile people, that has ever been brought in front of the Maltese courts should be prejudiced in such a way. It leaves a sour taste, muddying the political waters even more for longer. The maxim 'justice delayed is justice denied' applies equally to the accused and the Maltese people, who deserve to have this ugly chapter brought to a close satisfactorily and in a just way. Our fear is that the matter will simply drag on ad infinitum until it becomes a caricature of a bad dream—where justice remains elusive and politi- cal fog reigns supreme. Quote of the Week "Ukraine may now face a very difficult choice: either loss of dignity, or the risk of losing a key partner." Ukrainian President Volodymyr Zelenskyy after Kyiv was put under pressure over the latest draft peace proposal by the US and Russia, which mainly includes concessions from Ukraine and not Russia. MaltaToday 10 years ago Malta track could host MotoGP and Formula 1 testing 22 November 2015 LEWIS Hamilton and Valentino Rossi could become regular visitors to Malta if plans to construct a motorsport racing track in Malta come to fruition. Three British motorsport experts were in Malta this week on a factfinding mission to help them decide whether to submit a bid to construct and operate a racing track in a yet unknown location. The prospective bidders spoke to MaltaTo- day and said that the track could host Mo- toGP races and possibly Formula 1 testing sessions. In September, an international expression of interest for the design, construction and operation of a motor recreation and edu- cation park was launched by sports parlia- mentary secretary Chris Agius and this has attracted interest from around the globe. Applications must be submitted by 20 Jan- uary, 2016. One of the interested parties is UK-based Totally Motorsport, who were in Malta to hold high-level meetings and visit possible sites. "We can't say very much at the moment as we are bound by a confidentiality agreement, however, what we can say is that the oppor- tunity for Malta to have a world class motor- sport facility will attract interest and tourism from around the globe," Graeme Glew told MaltaToday. Curiously, while the expression of inter- est's objectives state that the bidders will propose the location of the track, the Brit- ish experts said they felt "blindfolded" as the government will be selecting the site and the decision has not been taken yet. ...