Prosecution requests additional time to draft rogatory letter in the hope of Harbinson testifying

The prosecution in criminal proceedings related to the hospitals concession has requested additional time in order to file a “letter rogatory” application to get Jeremy Harbinson to testify.

The prosecution hopes this will result in Harbinson eventually testifying, however they need to first file an application before the court to do so.

Criminal proceedings related to the hospitals concession continue today, with a sitting on Wednesday afternoon focused on defendants Kenneth Deguara, Kevin Deguara, Jean Carl Farrugia and Deborah Anne Chappell, as well as DF Advocates.

Harbinson has continued to evade testifying in proceedings, even sending an affidavit indicating his refusal to testify in proceedings out of fear for his safety.

Defence lawyers have objected to the request for additional time to file the application for a rogatory procedure.

Franco Debono once again argued Harbinson’s constant refusal to testify is not a minor issue, but a significant concern that should alarm the court.

Debono claimed that if one removes the testimony of the expert, who compiled the report which was the basis of the conclusion of the magisterial inquiry, there “would be nothing left”.

Lawyer Stefano Filletti also objected to the request by the prosecution, arguing the seriousness of the offences brought against the accused by the prosecution. He also argued that Harbinson is not an ordinary witness but a court-appointed expert, trusted by the court and hence, it is vital that he is present.

He also pointed out that on 24 December the Attorney General's Office itself had requested that Harbinson testify via video conference. However, on 7 January, the court had ruled that he must be physically present.

Filletti questioned why the prosecution had changed its stance while stating that the court had already determined that Harbinson should appear in person.

The lawyer also raised the argument on the fact that the company, Harbinson Forensic Ltd, is undergoing voluntary liquidation. The defence argued that this development is highly relevant to the case, as it calls into question the reliability of the expert and his willingness to be questioned on the report.

Lawyer Franco Debono also asserted that Harbinson’s decision to wind up his company could indicate an attempt to evade responsibility and should be taken into account when assessing his credibility.

Upon the defence’s objection, the prosecution maintained that they had not caused unnecessary delays and contended that the rogatory procedure was the most practical and expedient method to obtain Harbinson’s testimony.

Ultimately, the court accepted the prosecution’s request for an adjournment and adjourned the case to 14 April at 9:15am.

The court was presided over by Magistrate Leonard Caruana.

Police Inspector Wayne Borg, along with AG lawyers Francesco Refalo, Rebecca Spiteri and Shelby Aquilina, are leading the prosecution.

Lawyers Giannella De Marco, Franco Debono, Charles Mercieca, Stefano Filletti, Stephen Tonna Lowell, Arthur Azzopardi, Ezekiel Psaila, Jonathan Thompson, Michael Sciriha, and Franco Galea are representing the defendants.