Caruana Galizia public inquiry: Parliamentary Secretary saw nothing wrong taking work from Nexia BT

Daphne Caruana Galizia public inquiry continues with the testimony of Parliamentary Secretary Alex Muscat and Tax Commissioner Marvin Gaerty

Parliamentary Secretary Alex Muscat
Parliamentary Secretary Alex Muscat

Parliamentary Secretary Alex Muscat saw nothing wrong in taking a €5,000 consultancy from Nexia BT despite the firm having set up the overseas structures for Konrad Mizzi and Keith Schembri.

Muscat, who at the time was an MP and worked as deputy chief of staff at the Office of the Prime Minister under Schembri's wing, told the public inquiry that as far as he knew, Nexia BT had done nothing illegal when it opened the Panama companies.

Asked by lawyer Therese Comodini Cachia whether he knew that Nexia had set up the structures for Mizzi and Schembri, Muscat said he only got to know when the information became public in 2016.

He said the fact did not change his reasoning as to whether to accept work from Nexia BT since the accountants did nothing illegal or wrong “as far as I knew”. Muscat declared the income received from Nexia BT  in his parliamentary declaration of assets.

Muscat said he did not know Yorgen Fenech but saw him on one occasion in the waiting room outside the prime minister's office. He said he never communicated with Fenech, not even with WhatsApp.

Testifying about developments last year when Fenech was arrested and murder middleman Melvin Theuma was given a pardon, Muscat spoke of relief: "I remember that when the middleman and Fenech were arrested and all these things started to come out I felt like 'come on, finally justice is being done in this country'... We had major cases in this country which didn't reach this stage, I think that as a country it was an important development."

The public inquiry also heard Tax Commissioner Marvin Gaerty, who said he had a cordial 15-minute meeting with the police on communication that he had with Yorgen Fenech. Gaerty explained that he had communicated and met Fenech over a VAT issue concerning his companies. He denied the meeting was about 17 Black or that Fenech or his representatives sought to communicate with him over 17 Black.

"My job is to meet with people about tax issues. I met with him and his lawyers about work-related issues. One of these meetings took place in Portomaso. This going to the subject's office happens from time to time if many people are going to be present. The meeting was about a VAT issue... I knew about the issue beforehand, and if I knew they were going to speak to me about that [17 Black] I wouldn't have gone," Gaerty said.

He will have to appear another time to testify on tax issues concerning a list of people passed on to him by the inquiry board. Gaerty will have to seek the Prime Minister's authorisation to be able to do so.

In the previous sitting, Nexia BT's Brian Tonna and Brian Cini testified, both chose not to reply.

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

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.

11:33 That's it for today. Thank you for following. Kurt Sansone
11:22 He steps off the stand and leaves the courtroom. The next sitting is on Monday at 1pm for former minister Chris Cardona to testify. Kurt Sansone
11:21 Lawyer Vincienne Vella appearing for the Tax Commissioner is given the list of people about which Gaerty will seek to obtain the Prime Minister's dispensation to give information and testify. The dispensation is required at law. He is asked to return on Friday 20 November in the morning, with the required information. Kurt Sansone
11:19 Gaerty: “I knew about the issue beforehand, and if I knew they were going to speak to me about that I wouldn't have gone.” Kurt Sansone
11:17 Gaerty: “Never, never, never.” Kurt Sansone
11:17 Lawyer Jason Azzopardi asks Gaerty whether, when the 17 Black issue hit the headlines, Fenech or his representatives made any effort to communicate with him. Kurt Sansone
11:16 Gaerty confirms the meeting had nothing to do with 17 Black. Kurt Sansone
11:16 Gaerty: “My job is to meet with people about tax issues. I met with him and his lawyers about work-related issues. One of these meetings took place in Portomaso. This going to the subject's office happens from time to time if many people are going to be present. The meeting was about a VAT issue.” Kurt Sansone
11:15 “No,” he replies. He says that he had a very informal, 10-15 minute-meeting with the police about work. “I gave the police all the communication with Yorgen Fenech,” Gaerty says. The reference is to a WhatsApp message that had been exchanged with Fenech over an outstanding tax issue involving the Tumas Group. Kurt Sansone
11:12 She asks him whether he is under investigation or police bail. Kurt Sansone
11:12 Lawyer Therese Comodini Cachia explains that she will be asking him questions not related to the list today. Kurt Sansone
11:10 He will have to testify on another occasion. Kurt Sansone
11:09 He was supposed to obtain clearance from the Prime Minister to look into tax issues relating to the indicated persons. However, there was a misunderstanding and the court deputy didn't send it to him. Kurt Sansone
11:09 Judge emeritus Michael Mallia asks him whether he had brought with him the list of persons he was asked to investigate. Gaerty says he had not received this list. Kurt Sansone
11:05 The break is over and the board emerges from chambers. Tax Commissioner Marvin Gaerty is called to the stand. Kurt Sansone
11:05 We're back inside. Kurt Sansone
10:27 Journalists are asked to leave the hall. The next person to testify is Tax Commissioner Marvin Gaerty at 11am. Kurt Sansone
10:23 Questioning is over and Muscat steps off the stand. Kurt Sansone
10:22 Muscat: “We had major cases in this country which didn't reach this stage, I think that as a country it was an important development.” Kurt Sansone
10:19 Muscat: “I don't believe that I ever had communications with him… I remember that when the middleman and Fenech were arrested and all these things started to come out I felt like 'come on, finally justice is being done in this country'.” Kurt Sansone
10:17 He confirms once again that he had never met Yorgen Fenech or communicated with him. “Not even by WhatsApp?” asks Comodini Cachia. Kurt Sansone
10:14 He is asked about his relationship with Keith Schembri before his Castille role. “I remember Keith as one of the persons working with the PL to coordinate things, like events,” Muscat replies. Kurt Sansone
10:11 He is being asked about his role with government. “My role was essentially to help with coordinating national projects between various ministries... the moment I was delegated a job I would do it myself,” Muscat replies, adding that he would be delegated the job by Keith Schembri. Kurt Sansone
10:10 He says that the fact did not change his reasoning as to whether to accept work from Nexia BT since the accountants did nothing illegal or wrong “as far as I knew”. Kurt Sansone
10:09 Muscat: “As soon as it became public.” Kurt Sansone
10:08 Comodini Cachia: “Did you know that Nexia had set up the structures for Konrad Mizzi and Keith Schembri?” Kurt Sansone
10:08 Muscat says he never had to declare any as he was employed as a person of trust basis by the OPM. Kurt Sansone
10:07 Comodini Cachia says she is interested in any potential conflict of interest with his consultancy clients. Kurt Sansone
10:06 Muscat’s lawyer interrupts, saying the line of questioning is irrelevant. Kurt Sansone
10:06 Muscat: “I worked as a consultant since 2016…” Kurt Sansone
10:05 Lawyer Therese Comodini Cachia asks him about his consultancies. Kurt Sansone
10:05 QUICK REMINDER: Parliamentary Secretary Alex Muscat (no relation to former prime minister Joseph Muscat) is testifying. Before January 2017, Muscat was an MP and worked as deputy chief of staff at the Office of the Prime Minister, reporting directly to Keith Schembri. Kurt Sansone
10:03 Muscat is asked whether he was aware of Nexia BT’s closeness to government. “I knew that as an audit company it had a lot of work with government, as did others,” he replies. Kurt Sansone
10:02 The witness is an economist and had done some consultancy work with Nexia BT after the 2013 election. He was paid some €5,000 for his services in 2017 and had declared this in his declaration of assets. “I wasn't on a retainer… I was paid for the work I did,” Muscat responds. Kurt Sansone
10:01 Muscat says that Karl Cini and Brian Tonna from Nexia BT never had a desk at Castille. “I definitely saw Brian Tonna once or twice at the Castille waiting room,” he says. Kurt Sansone
10:00 Muscat: “I saw Yorgen Fenech maybe once in Castille, in the waiting area for the prime minister's office. I don't know who Yorgen Fenech was due to meet… In my work, I never met with businessmen but would mostly meet with other public officials… I was never present for briefings on the arrest of Yorgen Fenech or others.” Kurt Sansone
09:58 He denies being involved in the creation of government’s reaction to Daphne Caruana Galizia’s reporting on the Panama companies set up by Schembri and Mizzi. Kurt Sansone
09:57 Muscat says he had never spoken to Keith Schembri about the FIAU report. Kurt Sansone
09:56 Muscat’s lawyer, Lia interjects saying the question has nothing to do with the terms of the inquiry. Kurt Sansone
09:56 Muscat says the conversation was private, but he had been critical… Kurt Sansone
09:56 The board: “What was your opinion?” Kurt Sansone
09:55 Muscat: “I started to follow the media coverage. I was slightly perplexed... I spoke to my boss - Keith Schembri - about it. I told him what I thought of it, both him and Minister Mizzi.” Kurt Sansone
09:54 Chief justice emeritus Joseph Said Pullicino: “Was there a reaction to the Panama Papers [in 2016].” Kurt Sansone
09:54 Muscat: “I was abroad at the time on parliamentary business and I found out through the media. I remember that the PN delegate had informed me that the tragedy had taken place. Upon my return, I found what I expected, a sense of great shock.” Kurt Sansone
09:52 The board moves on to another topic - the assassination of Daphne Caruana Galizia. Kurt Sansone
09:51 Muscat: “The process leading to the selection of Electrogas was never led by the Office of the Prime Minister.” Kurt Sansone
09:51 The energy presentation was about stopping the use of heavy fuel oil and going to cleaner energy generation. Muscat explains it was a presentation to party candidates and dealt with political strategy. Kurt Sansone
09:50 Alex Muscat says the gas power station presentation, which took place before the 2013 election was more high level and about political strategy. The presentation ostensibly refers to the PL’s electoral pledge to shift energy generation to gas. Kurt Sansone
09:48 Asked whether he would be in the Labour HQ much he says he wouldn't. Normally he'd go there to prepare for a radio or TV programme. Muscat says he was not involved in the Electrogas project. “That project was in the hands of Konrad Mizzi and his team,” he replies. Kurt Sansone
09:47 He normally wouldn't accompany Schembri at his meetings with the prime minister. “I knew Schembri before 2013... because he was a person who worked with the Labour Party. My activism started in 2007. I didn't know Schembri at that time.” Kurt Sansone
09:46 Muscat says he used to answer to Keith Schembri in his former role as deputy chief of staff at the Office of the Prime Minister. “We used to work together,” he says. Kurt Sansone
09:45 Muscat is an MP and formerly was employed by the secretariat as a chief of staff at Castille. He became parliamentary secretary at the Home Affairs Ministry earlier this year. Kurt Sansone
09:45 The judges emerge and call the first witness, Parliamentary Secretary Alex Muscat. He is assisted by lawyer Pawlu Lia. Accompanying Muscat are government officials. Kurt Sansone
09:44 Good morning. Kurt Sansone