Courts agency cooperating with police over another case of evidence going missing

Updated at 12:15pm with PN statement

The Court Services Agency has said it is cooperating with police and an administrative board of review appointed by the justice ministry to examine the custody of evidence in its strongroom, after a laptop exhibited as evidence in a case against a car dealer charged with money laundering went missing from court. A magistrate has ordered the Court Services Agency CEO and the registrar to explain.

The short statement was the only reaction issued after news of the missing laptop prompted yet more criticism at news of missing evidence in serious cases.

Anti-corruption NGO Repubblika called for responsibility to be shouldered at yet another case of missing evidence. “We are shocked that, once again, evidence from the Courts has gone missing,” Repubblika president Robert Aquilina said. “This is unacceptable and whoever is responsible must be held to account… this is a serious attack on the administration of justice, whose basic tools are being dismantled. Without evidence, there is no justice to be done, and criminals win.”

Court agency under pressure over ‘shameful’ state of evidence strong room

The crucial piece of evidence had been exhibited in January 2022 by the Financial Crimes Investigations Department but when officers went to retrieve it to present it as evidence in a different but related case, this could not be found, The Times reported.

This compilation of evidence is underway against two women – Jessica Sciberras Azzopardi and Maria Attard – who stand charged with aiding and abetting money laundering. But the prosecution informed the court that a Lenovo laptop linked to the case could not be found after it had been presented as evidence in the case against car dealer Bernard Attard, 33, of Żebbuġ who stands charged with misappropriating €1.2 million, fraud and money laundering.

The court ordered that Court Services Agency CEO, Eunice Grech Fiorini and court registrar Franklin Calleja appear in two weeks to offer an explanation.

News of this missing laptop comes hot on the heels of the disappearance of another laptop belonging to Marsaxlokk parish priest Luke Seguna, who is facing fraud charges.

A phone owned by former OPM chief of staff Keith Schembri also went missing for weeks last November, only to be found among the exhibits of a separate case.

“Once again this is a case of State failure, and there are names to the State who are accountable to the citizen: in this case it is justice minister Jonathan Attard, whom we now demand to explain what happened, see who is responsible for these actions, take steps to redress what has happened, and ensure the safeguarding of the evidence,” Robert Aquilina said.

“If Attard does not carry out his duty, then he should be removed by Prime Minister Robert Abela, lest he be ready to take responsibility for this serious shortcoming. This country can no longer be the land were criminals ride roughshod over honest citizens.”

In a statement later on Friday, the Ministry for Justice reiterated the Court Services Agency's words, insisting that the necessary measures have been taken. 

The ministry noted that an administrative board, appointed to conduct a review of exhibit custody in legal proceedings, was given two months to submit its report, with the possibility of a one-month extension. The board is expected to put forrward recommendations to enhance exhibit maintenance procedures.

The ministry added that the agency is working to enhance exhibit retention levels, and is negotiating the implementation of an RFID system for labelling exhibits.

PN calls for minister's resignation

Meanwhile, Nationalist Party justice spokesperson Karol Aquilina called for the minister's resignation in the wake of the second missing laptop. "Our law courts are in a crisis situation and on the verge of collapse... Jonathan Attard must shoulder political responsibility for the state of the law courts and resign," the PN spokesperson said.

He also called for the setting up of a justice parliamentary committee that would be able to summon the minister and employees of the Court Services Agency and scrutinise their actions.