Caruana Galizia public inquiry: Brian Tonna, Karl Cini choose silence since they are subject to ongoing investigations

Nexia BT's Brian Tonna and Brian Cini choose not to reply when appearing in front of the public inquiry into the murder of journalist Daphne Caruana Galizia

Brian Tonna (in grey tie) has chosen not to reply to questions not incriminate himself
Brian Tonna (in grey tie) has chosen not to reply to questions not incriminate himself

Brian Tonna and Karl Cini from Nexia BT chose not to reply to any of the questions put to them when they appeared in front of the Daphne Caruana Galizia inquiry board today.

Before proceedings started, Tonna's lawyer explained to the board that his client was a suspect in three different investigations and would invoke his right to silence. The lawyer noted that his client was the subject of an attachment order, had been indicated as a suspect in a pending magisterial inquiry into 17 Black and was also subject to another investigation for which he was on police bail.

Judge emeritus Michael Mallia said the board would ask him the questions anyway but he was free not to answer them.

Both Tonna and Cini replied in the same way to each and every question: "I choose not to answer."

They were asked about their relationship with Konrad Mizzi, Keith Schembri and Joseph Muscat. They were also asked about the Panama companies set up for Schembri and Mizzi, and Egrant. Questions were asked about their involvement in the Electrogas power station tender. They were also asked about the ultimate beneficial owners of a long list of companies and 17 Black.

Karl Cini
Karl Cini

Tonna was also asked about the purported loan of €100,000 he had received from Schembri, which was the subject of a magisterial inquiry on the basis of claims that the money was graft involving the IIP scheme.

However, each time, both men chose not to answer.

Earlier, the inquiry board dismissed an application that had been filed by murder suspect Yorgen Fenech to be given access to all testimony, even that behind closed doors.

The public inquiry into the murder of journalist Daphne Caruana Galizia is tasked with, amongst other things, determining whether the State did all it could to prevent the murder from happening.

Caruana Galizia was murdered in a car bomb just outside her Bidnija home on 16 October 2017.

Three men, George Degiorgio, Alfred Degiorgio and Vince Muscat, have been charged with carrying out the assassination, while Yorgen Fenech is charged with masterminding the murder.

Melvin Theuma, who acted as a middleman between Fenech and the three killers, was granted a presidential pardon last year to tell all.

The inquiry is led by retired judge Michael Mallia and includes former chief justice Joseph Said Pullicino and Judge Abigail Lofaro.

15:46 That’s it for today. Thank you for following. Kurt Sansone
15:46 The sitting is over. The next sitting is on Friday at 9:30am when Parliamentary Secretary Alex Muscat and Tax Commissioner Marvin Gaerty are called to testify. Kurt Sansone
15:45 Cini: “I choose not to answer.” Kurt Sansone
15:44 A final question is asked by Jason Azzopardi: “Do you deny that Egrant was made for Michelle Muscat?” Kurt Sansone
15:44 QUICK REMINDER: Karl Cini had been the person from Nexia BT who in a conversation with Panamanian firm Mossack Fonseca had said that he would provide the name of the ultimate beneficial owner of Egrant over a Skype call. Egrant and two other companies were set up in Panama by Nexia BT in 2013. Two companies were eventually passed on to Keith Schembri and Konrad Mizzi, while the owner of Egrant remained unknown. Before the 2017 general election, Daphne Caruana Galizia alleged that Egrant belonged to Michelle Muscat, Joseph Muscat’s wife. A magisterial inquiry eventually disproved the link. Kurt Sansone
15:38 Cini chooses not to reply. Kurt Sansone
15:38 She asks whether Schembri was already a client of his in 2013, and whether Schembri and Mizzi engaged him together or separately. She also asks whether former PM Joseph Muscat was a client of his. Kurt Sansone
15:36 The board concludes its questioning. Comodini Cachia asks Cini what his relationship with Keith Schembri was before 2013 and whether it went beyond that of a consultant and client. Kurt Sansone
15:35 Cini: “I choose not to answer.” Kurt Sansone
15:35 Cini is asked about Egrant and 17 Black. “Was Egrant being held in the name of a politically exposed person? Do you know who the owner of 17 Black was?” Kurt Sansone
15:31 The process is tedious but legally necessary. Kurt Sansone
15:30 Cini is asked a raft of questions about his relationship with Keith Schembri, Konrad Mizzi and Joseph Muscat, what he knows about the Panama companies opened by Nexia BT for Schembri and Mizzi, his involvement in the Electrogas power station deal, what companies he is personally involved in and other pointed questions. However, he chooses not to reply, invoking his right to silence. Kurt Sansone
15:21 He, too, refuses to answer any questions. Kurt Sansone
15:21 Karl Cini takes the stand and is administered the oath. Cini is a partner alongside Tonna in accountancy firm Nexia BT. Kurt Sansone
15:19 He steps off the stand, not having answered a single question. Kurt Sansone
15:19 Tonna is not replying to any of the questions being asked, not even innocuous ones. Earlier, Tonna’s lawyer invoked his client’s right to silence given that he is subject to three investigations. Kurt Sansone
15:17 Tonna: “I choose not to answer.” Kurt Sansone
15:17 Comodini Cachia: “The team leader in the evaluation committee for the power station project was a managing partner of Nexia BT. Are you a managing partner of Nexia BT?” Kurt Sansone
15:16 Lawyer Therese Comodini Cachia asks Tonna about his involvement in the issuance of the request for proposals for the gas power station back in 2013. He refuses to answer this question too. Kurt Sansone
15:15 Tonna: “I choose not to answer.” Kurt Sansone
15:15 Azzopardi: “Was it ex-prime minister Joseph Muscat who ordered minister Owen Bonnici to allow you to operate or grant you a direct order to operate?” Kurt Sansone
15:14 Tonna: “I choose not to answer.” Kurt Sansone
15:14 Azzopardi: “Are you a fraudster?” Kurt Sansone
15:14 Tonna: “I choose not to answer.” Kurt Sansone
15:13 Lawyer Jason Azzopardi takes over the questioning, asking when was the first time he went to Castille and whether he had a desk there. “When did you first meet Keith Schembri, Cheng Chen?” Kurt Sansone
15:12 Tonna is asked for which client did he open Panama company Egrant Inc. After a brief pause, he chooses not to reply. Tonna does not answer when asked when did he find out about the owner of 17 Black. Kurt Sansone
15:11 The questions continue about Lester Holdings, the company that belonged to former Allied Newspaper managing director Adrian Hillman, and whether it received money from Kasco Ltd. He is asked whether he opened Rotorua Trust in New Zealand and whether he gave services for the incorporation of Hearnville Inc., Egrant and Tillgate. “I don’t want to answer,” Tonna replies. Kurt Sansone
15:08 He likewise does not reply to questions about the Individual Investor Programme. He does not confirm nor deny the alleged agreement to deposit money for Keith Schembri in a Pilatus Bank account. He also does not reply to questions about his personal separation and loans he allegedly required from Schembri. Kurt Sansone
15:01 The list of companies takes over five minutes to read. Tonna also refuses to answer questions about the type of business carried out by a selection of these companies. Kurt Sansone
15:01 Asked about the beneficial owners of Willerby, Nexia BT Holdings, BT International and a long list of other related companies, he replies in the same way. Kurt Sansone
14:57 The board explains its remit to the man. Asking him if he had a relationship with Keith Scehmbri, Konrad Mizzi and Joseph Muscat, Tonna replies: “I choose not to reply.” Kurt Sansone
14:56 The board asks Tonna whether he is under investigation or on police bail. “I choose not to reply,” he replies. Kurt Sansone
14:55 Tonna is administered the oath. Kurt Sansone
14:54 Mallia tells the lawyer that the board will ask him the questions anyway and he is free not to answer them. Kurt Sansone
14:54 The lawyer for Tonna says his client is invoking the right to absolute silence and will not reply to any questions. Kurt Sansone
14:53 The lawyer explains that the witness is a suspect in three different instances: firstly because he received an attachment order, secondly because he had been indicated as a suspect in a pending magisterial inquiry into 17 Black and thirdly, with regards to a pending investigation by the police where he is on police bail. Kurt Sansone
14:52 The board tells Tonna lowell that it had received his email and is invited to explain it to the board. Kurt Sansone
14:51 The procedural hurdles now overcome, Brian Tonna is summoned to the stand. He is assisted by lawyer Stephen Tonna Lowell. Fellow business partner, Karl Cini, who is sitting in the courtroom is asked to leave. Kurt Sansone
14:50 Judge emeritus Michael Mallia, who is leading the inquiry board is incensed. “The facts in this application are not true. I don't know where he got these facts from,” he says. Journalists are not privy to the facts being mentioned. Kurt Sansone
14:48 Lawyer Jason Azzopardi quips about Fenech’s defence counsel: “He made an application without a request. He didn't do 5th year law.” Kurt Sansone
14:47 The board decrees on another application by Yorgen Fenech’s defence counsel. The State Advocate's representative says he hasn't seen it. Therese Comodini Cachia says there is nothing different in this application from the first since it deals with the same merits. She says that the board cannot even deny it because it was not accompanied by a request. Kurt Sansone
14:39 The board says it is authorised to conduct sittings as it deems fit and this is not open to scrutiny. It adds that hearing certain witnesses behind closed doors prevents abuse, dismissing Fenech’s application as frivolous and vexatious. Kurt Sansone
14:37 After evaluating an application filed by murder suspect Yorgen Fenech and the reply filed by the Caruana Galizia family, the board decrees that Fenech has no locus standi in these proceedings. “The investigation is only aimed at the search for the truth, finding shortcomings and addressing them. It is steering clear of themes which are under investigation by other courts,” the board says. Kurt Sansone
14:27 The lawyers are discussing various applications filed with the Board. They ask whether the State Advocate had replied to two application which had been filed. It appears the State Advocate is not going to reply but declares it will submit to the inquiry board’s decision. Kurt Sansone
14:22 The judges have arrived. Kurt Sansone
14:10 We are waiting for the public inquiry to start. Kurt Sansone
14:09 Good afternoon. Kurt Sansone