Witness does not recognise signature on Gozoworks delivery notes

Continuation of compilation of evidence against Anthony Debono, accused of misappropriation of ministerial funds 

Anthony Debono is is facing charges related to the misappropriation of public funds
Anthony Debono is is facing charges related to the misappropriation of public funds

Witnesses took the stand in the continuation of the compilation of evidence against Anthony Debono, the husband of former Gozo minister.

Debono is facing charges related to the misappropriation of public monies by allegedly carrying out works for private constituents using the budget of the Gozo ministry's construction and maintenance unit. He denies the charges. The prosecution has led to the resignation of his wife

Giovanna Debono from the PN, though she retained her seat in the House.

His accuser is Joseph Cauchi, the first witness to avail himself of Malta's Whistleblower Act. Cauchi claims he was engaged by Debono to carry out the works but that he could not be paid by the CMU or the Gozo ministry since these works were not officially mandated. Cauchi claims he was owed some €50,000 for his work, and that Debono also paid him in cash for some outstanding dues.

Defence lawyer Joe Giglio questioned whether certain evidence could be presented without the defence having access to it. "As the law stands today, the accused has the right to access to the evidence in the prosecution's hands, and the rule is that the accused has access and that the material evidence is being brought forward so that everybody's rights are safeguarded."

Citing the EU directive that introduced this right into Maltese criminal law, Giglio said that derogating from this law could only be restrictive and when access could result in a threat to the life of a person, or when it is in the public interest. "The defence does not agree that this is the case in this matter."

Giglio demanded that the defence be granted access to the declarations made to the police by those they questioned. "The law allows the defence to know when a witness in court is saying something totally different to what they told the police originally."

Giglio questioned how having these declarations in hand would prejudice the investigation, as claimed by the Attorney General. "At this rate we should carry out these court sittings in camera so as not to prejudice its outcome... All I ask is that the defence knows what the witnesses said originally when they were questioned by the police."

Dr Grezzju Mercieca, a consultant to the Gozo ministry, testified, recounting that he had been called to a meeting with the permanent secretary in October 2014, as well as with Joseph Cauchi 'is-Sansun', a former client of his.

"Cauchi alleged that he was owed €50,000 for works he made during the previous administration and that they had been invoiced by the ministry but for works carried out privately.

"I warned him about the gravity of his allegations, but he insisted on his version of events and started explaining the kind of works he did on some roads, football grounds, and the Brookies restaurant. He blew his top when I questioned his assertions, and insisted on his allegations. It was I who suggested him the option of requesting whistleblower protection."

Mercieca said he could not remember any suggestion from Cauchi, after being told to avail himself of whistleblower protection, of wanting to be paid his outstanding dues from the ministry. "Any other action was taken by the permanent secretary, since I am an advisor to the minister."

Joseph Buttigieg, testified for the second time to verify delivery notes. In the last sitting he said that he would receive an order for maintenance works, and that he would instruct workers to carry out the job, and ensure it was carried out.

In this sitting, he verified only a handful of delivery notes bearing his signature. He confirmed that his signature meant that he would have ordered a job to be carried out.

Under cross-examination, Buttigieg said that in the instances where he was unsure of his signature, it was because a rubber-stamp appeared to conceal it.