Vitals: Jason Azzopardi submits documents which were allegedly withheld from magisterial inquiry

Former MP and lawyer Jason Azzopardi claims three due diligence reports regarding investors in the Vitals hospital deal had been withheld by Malta Enterprise from the magisterial inquiry into the hospitals concession

Lawyer Jason Azzopardi (Photo: James Bianchi/MaltaToday)
Lawyer Jason Azzopardi (Photo: James Bianchi/MaltaToday)

Former MP and lawyer Jason Azzopardi claimed on Tuesday three due diligence reports regarding investors in the Vitals hospital deal had been withheld from a Magisterial Inquiry by Malta Enterprise.

Criminal proceedings against former Prime Minister Joseph Muscat, Keith Schembri, former minister Konrad Mizzi and others resumed on Tuesday morning before the Court presided over by Magistrate Rachel Montebello.

Jason Azzopardi took to the stand, recalling that around three weeks ago, he had been approached by individuals who had not only authorised, but asked him to hand due diligence reports to the Court.

He held that he had been approached under professional secrecy and that the original documents were, and still are at Malta Enterprise.

The reports concerned Vitals investors Mohammed Shoaib Walajahi and Shaukat Ali Chaudry.

Responding to questions posed by lawyer Gianella De Marco, Azzopardi confirmed that he had not seen the original documents nor had he made verifications with Malta Enterprise.

He stated that he received the documents electronically and printed them himself.

Lawyer Stefano Filletti continued the cross-examination, asking how the individuals in question obtained the documents.

Azzopardi responded that he would effectively reveal their identity were he to answer. When asked if the individuals were Malta Enterprise employees, Azzopardi once again affirmed that their identity was covered by legal professional privilege.

Azzopardi also commented that he had been approached inasmuch as the individuals ‘could not stand that such documents were withheld from the inquiring magistrate’.

Defence lawyer Chris Cilia, representing Mtrace, asked where the documents were being held at Malta Enterprise. Azzopardi once again cited legal professional privilege, stating that he could not answer such a question.

Cilia remarked that the documents were still at Malta Enterprise during a search which had been carried out with body-cams, and that answering his question would not breach legal professional privilege.

Harbinson informs Court he cannot come to Malta to testify ‘any time soon’

Following Azzopardi’s testimony, the Court continued to discuss the testimony of Jeremy Harbinson, a court-appointed expert for the inquiry.

The Court noted that it had received communication from Harbinson who informed the court that he could not testify in proceedings ‘any time soon’. The Attorney General remarked that its application remained valid, and that it was requesting that Harbinson be permitted to testify through videoconference.

Harbinson had been given until today to present a document justifying his inability to physically testify in proceedings. 

At this juncture, defence lawyer Vincent Galea suggested that the Court could travel to Northern Ireland if the witness could not travel to Malta – a suggestion refused by the Court.

Lawyers Edward Gatt and Gianella De Marco also made submissions regarding the prospect of Harbinson testifying online.

Whilst Gatt remarked that the accused had been arraigned on the basis of his report, De Marco expressed concern about the ‘virus that hit the court experts’, noting that all the experts seemed reluctant to testify.

Lawyer Stefano Filletti observed that experts Harbinson, Samuel Sittlington and Miroslava Milenović are the ‘alpha and omega’ of the proceedings, further noting that perjury laws do not apply to situations wherein witnesses testify via videoconference.

Reference was also made to a YouTube video in which Harbinson allegedly claims that he had received a substantial cheque in the post with which he bought a ranch in Slovakia.

The case was adjourned to 24 February.

AG lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina, together with inspector Wayne Rodney Borg prosecuted.

Lawyers Shazoo Ghaznavi, Alex Scerri Herrera, Jessica Formosa, and Jeannine Depasquale represented Bhatti and Ali.

Lawyers Gianella De Marco and Charles Mercieca represented David J Meli.

Lawyer Stefano Filletti and Franco Debono represented Alfred Camilleri.

Lawyers Chris Cilia and Arthur Azzopardi represented MTrace.

Lawyer Jason Grima represented Christopher Spiteri.