Brian Tonna claims parliament’s Electrogas hearings breached his human rights

Brian Tonna is claiming his right to a fair trial has been breached by parliament’s Public Accounts Committee that quizzed him over the gas power station tender.

Tonna, who formerly owned Nexia BT, an accountancy firm, is currently facing money laundering charges unrelated to the tender, which is the subject of a separate magisterial inquiry.

Tonna filed a constitutional challenge to the Speaker’s ruling last month that said witnesses appearing in front of the Public Accounts Committee were obliged to answer all questions apart from those linked to ongoing criminal cases or if the individual felt they could incriminate themselves.

Tonna appeared in front of the PAC, which is currently probing the findings of a National Audit Office investigation into the award of the power station tender to Electrogas. The NAO report was presented in 2018. The PAC is chaired by Nationalist MP Beppe Fenech Adami.

Tonna initially invoked his right to silence but in subsequent sessions answered questions put to him by MPs.

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In his court challenge signed by lawyer Stephen Tonna Lowell, Tonna is claiming that the predicate offence in ongoing money laundering proceedings against him has not been indicated yet by the prosecution and so any replies he gives to the PAC could potentially be incriminating.

Tonna said that his right to silence is being denied and is claiming that the PAC and the Speaker’s ruling breached his right to a fair hearing. Additionally, non-observance of PAC guidelines for witnesses by refusing to reply to questions, could potentially land him in jail, a breach of his right to enjoy his personal freedom. 

He asked the court to declare the Speaker’s ruling and the PAC guidelines for witnesses in breach of the Constitution and the Convention for Human Rights.

Tonna also asked the court to order that his testimony and all documents he gave the PAC be removed from the parliamentary proceedings and be awarded damages.

The case has been appointed for its first hearing on 24 June in front of Judge Neville Camilleri.

READ ALSO: Enough evidence for Brian Tonna, Karl Cini and associates to be indicted for financial crimes