HSBC hold up case must wait for conclusion of Daren Debono appeal, judge rules

Criminal proceedings against Vincent Muscat over the 2010 attempted hold up of an HSBC head office must wait until the conclusion of the appeal filed by Daren Debono, a judge has ruled.

This emerged as the Criminal Court, presided by Mr. Justice Giovanni Grixti, held a sitting in the ongoing proceedings against Muscat, known by his nickname il-Kohhu earlier today.

Lawyer Giannella Busuttil, representing the Office of the Attorney General, informed the court that Debono, it-Topo, had filed an appeal after he was jailed for six months and fined €4,600 for his refusal to testify as agreed in his plea deal - the maximum sentence possible in the circumstances.

In view of the pending appeal, Busuttil asked the court to adjourn the case until the appeal is decided.

Lawyers Franco Debono and Roberto Montalto, appearing for Muscat, said that every development in this case had confirmed their fear that there was a serious risk of a miscarriage of justice. The lawyers had already expressed this fear in court last January, as the jury trial was about to begin.

The judge adjourned the case till April, noting that this would probably be extended as it was unlikely that the man’s appeal would be decided by then.

Debono is currently serving a 10 and a half year sentence and had been ordered to pay an €18,000 fine, after he pleaded guilty to his part in the attempted HSBC hold up. In addition to the prison time and the fine, Debono had also been ordered to pay over €11,000 in costs.

He 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 had then refused to testify against anyone but Muscat, saying he feared for his safety.

The disastrous plea deal had led to widespread anger, in particular amongst the police force, and calls for the resignation of Attorney General Victoria Buttigieg, after attempted murder charges relating to Debono opening fire on police officers during the heist were downgraded to attempted grievous bodily harm.