Issue link: https://maltatoday.uberflip.com/i/1541557
4 maltatoday | SUNDAY • 23 NOVEMBER 2025 NEWS JEREMY Harbinson has become a household name for those who follow the Maltese political scene assiduously, and unfortu- nately, not for the right reasons. Now a retired accountant, Har- binson was engaged as a court expert through his firm, Harbin- son Forensics, by the magistrate leading the inquiry into the Vi- tals hospitals contract. Harbinson was the lead expert, overseeing a team of around 30 other accountants, who ac- quired, searched, examined and analysed data, documents and testimonies. The findings formed the basis upon which inquiring magistrate Gabriella Vella then recommended crim- inal action be taken against a host of people and companies, including former Prime Minister Joseph Muscat and his then chief of staff, Keith Schembri. According to the affidavit Har- binson's lawyers submitted in the Maltese court last Febru- ary, the forensic experts' report was signed off in April 2024 and the inquiry concluded later that month. Muscat, Schembri, ministers Konrad Mizzi, Chris Fearne and Edward Scicluna, several other senior public officers, Maltese and foreign businesspersons, and several companies involved in the hospitals scandal were charged by the Attorney General in May and June 2024. The more serious charges in- clude corruption, money laun- dering and fraud with some of the key individuals having freez- ing orders to the tune of €30 mil- lion imposed on them. All parties have pleaded not guilty and the compilation of ev- idence is still ongoing more than a year later. Unprecedented But now, proceedings have hit a major snag. Harbinson, who wound down his company short- ly after terminating his Malta as- signment, has been refusing to testify in court. In last week's court sitting, Harbinson once again failed to testify remotely with the AG lawyer informing the court that the British police considered the matter closed from their end. The Maltese court had sought the assistance of the British au- thorities, through rogatory let- ters, so that Harbinson could testify remotely. Several lawyers, some with many years of experience and others who have had experience as prosecutors, approached by MaltaToday have described the situation as "unprecedented". "In my career I have nev- er come across a case where a court expert has refused to tes- tify; we've had the findings of court experts challenged and expunged but never a situation where the expert refuses to tes- tify," a veteran lawyer, who was granted anonymity like all others quoted in this report to be able to speak frankly about judicial mat- ters, said. Harbinson's report is part of the acts of the case and there is no legal necessity for the prosecu- tion to have him testify, another lawyer with previous experience as a prosecutor explained. The prosecution may still want the court experts to take the witness stand but more importantly the defence also has a right to exam- ine and re-examine court experts and challenge their findings, the lawyer added. "In this case, the defence wants to examine Harbinson, as is their right, and his continued refusal to testify is obstructing the course of justice," the lawyer said. "Harbin- son is obliged to testify as a court expert and if he fails to do so, it can prejudice the accused per- sons' right to a fair trial." Prosecution in a bind Harbinson's intransigence has left the prosecution in a bind. In the words of a seasoned lawyer, the prosecution's case has been "seriously compromised and weakened". Although the AG lawyer in court said everything will be done to get Harbinson to testify, the prognosis does not look encour- aging and without its expert wit- ness the prosecution would have a harder road to travel. The question with massive po- litical implications is what hap- pens if Harbinson fails to testify and as a result, his report is ex- punged from the acts of the case. Supporters of Joseph Muscat have already reached their con- clusion—the case against him and others should be dropped forthwith. They believe the for- mer prime minister and others are innocent and the criminal charges are a political witch hunt. In the aftermath of last week's court developments, Labour MEP Daniel Attard wrote on his Facebook wall: "It's not a ques- tion of if but WHEN Muscat and those others unfairly charged will be acquitted. The court must now ensure that after persecution, no discrimination will ensue." Attard's assessment was music to his followers' ears, who believe the criminal charges should be dropped and indeed should have never been filed in the first place. But many were also cynical over the length of time it would take for the case against Muscat and the rest to end. A hard slog without Harbinson A lawyer with connections to one of the accused's defence team told MaltaToday the case will likely drag on for years. "The prosecution cannot delay Har- binson's testimony for ever and in the meantime, there might be constitutional proceedings to safeguard the accused's human rights, all of which will take its time," the lawyer said. But all lawyers who spoke to MaltaToday agreed that in the eventuality that Harbinson's re- port is expunged from criminal proceedings the case can still proceed. "There are other court experts who have testified; there are documents and evidence pre- served as part of the inquiry that can still be produced," a lawyer with past experience as a prose- cutor said. "The AG can still proceed but without Harbinson's report they would have to rebuild the case from scratch; basically, Harbin- son's intransigence would have made the prosecution's life sig- nificantly more difficult," the lawyer said, adding it would un- doubtedly hamper the case. Politics, the media and the courtroom Another lawyer provided a per- tinent political observation. "Had this been an ordinary case with ordinary people, the AG would probably be considering drop- ping the charges at some point but this is such a massive case— the largest in living memory in- volving so many people and with freezing orders running into mil- lions of euros—with high profile individuals that no prosecuting lawyer would want to shoulder the 'political burden' of dropping the charges, leaving it up to the court to decide," the lawyer said. However, another seasoned lawyer drew a distinction be- tween how the case plays out in the media and what happens inside the courtroom. They said: "Harbinson's refusal to testi- fy is undoubtedly a blow to the prosecution and it may appear as a big victory for the accused, especially how it is portrayed in the media and social media. But what counts in criminal pro- ceedings is what happens inside the courtroom; the evidence that is brought forward and the argu- ments made to substantiate or rebut the charges. Difficult as it may be, it is definitely not game over yet for the prosecution but it will require the AG lawyers to put in immense effort to prove their case beyond reasonable doubt." Nonetheless, in the political realm, Harbinson's actions have given the Labour Party and its supporters a boost. The long hard slog of the criminal justice system and the impact it has on the accused and society may be of little consideration in a polit- ical world where mediatic victo- ries are weaponised for political gain. Harbinson's intransigence weakens criminal prosecution in Vitals case Harbinson, who wound down his company shortly after terminating his Malta assignment, has been refusing to testify in court KURT SANSONE ksansone@mediatoday.com.mt