Vitals: Lawyers request Court not to consider Harbinson report when deciding on freezing order challenge

Defence lawyers assisting individuals facing charges related to the Vitals hospital deal requested the court not to consider the report prepared by court-appointed expert Jeremy Harbinson in its decision on the freezing order challenge.

Proceedings in which various freezing orders are being challenged resumed on Thursday before the Court presided over by Madam Justice Edwina Grima.

The sitting, once more, revolved in the main around expert Harbinson who had sent an affidavit to the Courts earlier this month indicating his refusal to testify in proceedings out of fear for his safety.

It is in view of such refusal that the Court was requested not to take cognisance of the report.

Lawyer Franco Debono stated that the request was being made so that even any other evidence which may have been given by Harbinson is not considered. Lawyer Vincent Galea also recalled that the report prepared by Harbinson was not sworn upon in its entirety. 

Lawyer Giannella De Marco argued that various freezing orders were issued on the strength of this report. She submitted that if cross-examinations are not conducted, the effect would be that said report should not be considered for such orders. It was recalled that Harbinson himself declared that the report was not been intended for criminal charges, and that if proof which could not be controlled was considered such could lead to the breach of human rights.

Lawyers Stephen Tonna Lowell, Charles Mercieca and Debono also argued that Harbinson was committing a criminal offence by refusing to testify.

The Prosecution noted that the defence could request that Harbinson testify through a rogatory procedure. Towards the end of the sitting, however, lawyer Charles Mercieca contended that according to law, such a rogatory procedure requires that one confirms on oath that they are in a proper state to testify. Harbinson, he noted, had however submitted an affidavit stating various reasons as to why he could not so testify.

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

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.

Lawyer Stephen Tonna Lowell represented Chris Fearne and Edward Scicluna.