Former police inspector did not feel 'comfortable' prosecuting Pilatus Bank officials

A former police inspector on Tuesday testified that he did not feel comfortable prosecuting Pilatus Bank officials as he was unconvinced a case against them existed.

Proceedings initiated by Repubblika against the Attorney General’s decision not to institute proceedings against the defunct bank resumed on Tuesday morning before Madam Justice Doreen Clarke.

The only witness, Keith Vella, took to the stand and after listing his various academic achievements explained how he was involved within the FCID for four years as an inspector.

He explained that in 2018, the police had received a confidential report regarding the bank.

He further recalled that, after analysing the contents of the report alongside two other inspectors and under the direction of a superintendent, a request to the duty magistrate to initiate an inquiry was lodged. An inquiry was subsequently launched. 

Two separate requests were mentioned. In 2020, the police made a request to issue rogatory letters since information from the US was required. The following year, the magistrate was requested to issue International Arrest Warrants and European Arrest Warrants (EAW) against Ali Sadr Hasheminejad, Luis Rivera, Mehmet Taşlı, and Hamidreza Ghambari. Vella noted that enough information had been gathered during the inquiry to request them.

Vella also noted that on 3 April 2021, three warrants of search and arrest were executed against Claudeanne Sant Fournier, Antoniella Gauci and Brenda Calleja Smith. Whilst Calleja Smith was mentioned in the inquiry, no order was made to take action against her. With Gauci and Sant Fournier’s bail being extended, the police continued investigations into the case.

Vella noted that he was ultimately not convinced that they should be arraigned, and recalled that the Office of the Attorney General had explained to police that the only way in which they would not be arraigned was through the preparation of a report which would be agreed to by the AG.

Although Vella acknowledged that the inquiring magistrate ordered action against the owner of the bank Ali Sadr Hasheminejad; its director, Hamidreza Ghanbari; CEO Mehmet Taşlı, Chief Information Officer Luis Felipe Riviera, MLRO Claude-Anne Sant Fournier, as well as accounting officer, acting MLRO and risk manager Antoniella Gauci, he noted that he did not feel comfortable doing so. He noted, under cross-examination, that he would rather face proceedings challenging the decision of the police, than being part of charges issued against a person which would put them through difficulties.

Proceedings are to resume on 23 January 2025, at 12:45pm.

Lawyer Fiorella Fenech Vella appeared for the Office of the Attorney General.

Repubblika represented by Robert Aquilina was assisted by lawyer Jason Azzopardi.