Perjury investigation into Identità official 'did not find anything', witness claims simple confusion

An Identità employee who was investigated for perjury after he testified in a case about fake documents allegedly issued by the agency, has told a court that he had been confused while giving his previous testimony.

Isaac Micallef took the witness stand for the second time as the proceedings against Moustafa Ata Moussa Darwish, an Egyptian man currently facing charges over the use of a residence card, issued by Identità, that is normally issued to individuals with British relatives, of which Darwish has none, continued on Tuesday. 

Darwish is pleading not guilty to the charges.

When the case was called before magistrate Kevan Azzopardi, police inspector Lara Butters told the court that inspector Gabriel Micallef from the Valletta Police Station had concluded the investigation into two Identità employees which had been ordered by the court following their conflicting testimonies in the previous sitting. 

Inspector Butters informed the court that the investigation “did not find anything.”

The inspector added that Isaac Micallef would be called to testify once again on Tuesday, meeting objections from defence lawyer Nicholas Mifsud, who argued that Micallef had already testified. The lawyer questioned whether anything new could emerge from hearing the witness again.

Micallef would be clarifying statements which he had made during his last appearance in court, explained the inspector. After checking the records of the previous sitting, Magistrate Azzopardi ruled that Micallef would be permitted to return to the witness stand. 

The magistrate asked Inspector Butters about the outcome of the investigation into possible perjury which he had ordered. She replied that the police investigation into Isaac Micallef and Identità’s Chief Information Officer, Stefan Rodoligo, had concluded that there was no case to answer. 

Micallef was then called to the stand. He told the court that when he had been asked about the files relating to the man and his wife during the previous sitting, he had got mixed up.

“I had exhibited a blue file belonging to the woman. By mistake, at the time, I had said that I had not given the file to Stefano Rodoligo. When I looked for the accused’s file I could not find it, but when I opened the woman’s file in court, I found a plastic folder containing the accused’s file and got confused.” 

As soon as had stepped off the stand, Micallef said, he had gone to Neil Harrison, Identità’s Chief Legal Officer, to apologise for his mistake.

Harrison testified next, telling the court that while he had been waiting outside the courtroom during the last sitting, Micallef had come out and explained what had just happened to him.

“I tried to draw the court’s attention, but the sitting had already been adjourned,” Harrison said. 

After Harrison left the witness stand, Inspector Butters informed the court that the prosecution had no more witnesses to present.
The case was adjourned to December. 

Inspectors Lara Butters and Christian Abela are prosecuting. Lawyers Nicholas Mifsud and Tiziana Micallef are defence counsel.