Magistrate orders Topo’s arrest after he refuses to testify in clamorous twist to HSBC heist case

Convicted bank robber Daren Debono told a court this afternoon that he would not testify about his accomplices, despite benefiting from a plea deal over the 2010 HSBC heist, saying he feared for his son’s safety.

Magistrate Monica Vella ordered the rearrest of self-confessed bank robber Daren Debono it-Topo after he refused to answer questions about his accomplices in court as the compilation of evidence against Vincent Muscat continued today.

Debono had been given a 10 year prison sentence in exchange for his testimony as part of a plea deal with the Attorney General’s Office. 
But Debono’s first words from the witness stand were to the effect that he would only testify against Muscat. 

Earlier this afternoon, the court refused Muscat’s lawyers’ request for constitutional reference to decide whether or not Debono’s testimony was admissible.

As questioning got underway, prosecuting police inspector Joseph Mercieca asked Debono about his involvement in the attempted hold up of the HSBC headquarters in 2010.

“My involvement was that we planned to hit the bank. I was outside, I wasn’t with the others inside the bank.”

He was driving an SUV, he said. Whilst waiting outside a car arrived and he tried to call his accomplices to tell them to get out as the police were coming. Then he heard shots, he said.

“Whilst on the phone I heard shots. As they turned the corner, I fired a shot in the air so that the others could escape.” He had been shot in the face, he added.

“Was Vince one of the men who went inside?” Inspector Mercieca asked, referring to the accused, Vincent Muscat. The witness replied in the affirmative. “Who were the others?” asked the inspector.

“Two other accomplices,” replied Debono, repeatedly refusing to give up the names of his fellow bank robbers and prevaricating.

The Court gave sternly ordered the witness to tell the whole truth, several times, but Debono didn't budge. “I am giving you a final warning. You mentioned accomplices apart from Vince Muscat, who were they?” asked the magistrate.

“I cannot open my mouth, madam Magistrate. I don’t want to put my son’s life at risk,” Debono replied.

The court, seeing that the situation was hopeless, decreed that the witness was being selective in his testimony and was refusing to answer specific questions. He was insisting in his refusal, noted the court.

The court ordered Debono’s immediate arrest and ordered the police to arraign the witness before the competent court within 48 hours.

The court asked the witness one last time before issuing the order, but Debono calmly confirmed that he was not going to testify. 

Magistrate Vella dictated a pronouncement, saying that the court was sending the acts back to the Criminal Court in line with the Criminal court’s decree. “X’ affarijiet dawn!”  remarked the magistrate angrily.

Lawyers Franco Debono and Roberto Montalto are appearing for Muscat.

Lawyer Edward Gatt assisted Daren Debono. Lawyer Giannella Busuttil from the Office of the Attorney General and Police Inspector Joseph Mercieca are prosecuting.

Repubblika calls for Attorney General’s resignation

Reacting to the development, NGO Repubblika called for the resignation of Attorney General Victoria Buttigieg, accusing her of letting Debono get away with a short sentence, after an attempt at murdering police officers.

In a statement it said Debono was determined to cover up for his accomplices in the bank heist. It pointed out that Vince Muscat was being prosecuted for that attempted robbery, after his request for a plea bargain in which he would name all of the accomplices had been denied by the AG.

“Between two criminals, the Attorney General chose to prosecute the witness who was willing to name everyone and forgive the witness who did not want to testify against anyone,” Repubblika said.

It said that prior to the trial, Vince Muscat identified Minister Carmelo Abela and former Minister Chris Cardona as complicit in the crime.

“The role of the Attorney General is not to protect government ministers but to see that justice is done to all without looking anyone in the face. We do not understand why she agreed with Daren Debono even because in the past Daren Debono has already been caught giving false testimony.”

It said that whatever her motives, the AG had left someone who shot at police, and his accomplices off the hook.

“It is clear to us that after this betrayal of justice, the Attorney General must resign,” it concluded.

READ MORE: Daren Debono it-Topo jailed for 10 and a half years after admitting guilt