Joseph Muscat wiped his phone data ahead of police raid, expert tells court

Updated at 2:35pm with full report 

Former prime minister Joseph Muscat wiped data from his mobile phone ahead of a police raid at his Burmarrad home, a court heard on Wednesday.

Court expert Keith Cutajar testified the former Labour leader twice ran Google searches on how to “erase or delete” Whatsapp backup chats.

He was testifying in the criminal case filed against Muscat, and others, over the hospitals concession. Cutajar was appointed to crack Muscat’s phone after he refused to hand investigators the device’s passcode. 

The software used by the court expert obtained access after attempting the PIN 227488. 

The phone in question began recording primary activity in December 2022 with a notable spike on 28 December. According to Cutajar, this spike in activity could only mean that the mobile phone was reset and that the data prior to this date was voluntarily erased.

Keith Cutajar testified that 35gb of the data wiped was retrieved. Data mining and recovery software was then used to retrieve other relevant deleted information.

Lawyer Vincent Galea, who is representing Muscat, requested private messages extracted from Muscat’s phone which are irrelevant to the case, be excluded. He also requested the court to appoint an expert in order to identify which data is relevant to the case.

He argued that since some of the extracted messages were sent while Muscat was still Prime Minister, any content relating to his official role and security matters should be excluded.

Galea compared the irrelevant data being considered to a witness testifying on irrelevant matters, and emphasised that irrelevant data should be singled out and not included in the acts of the proceedings.

The prosecution said that the defence is just overriding is trying to override the reality that the data was wiped.

Defence lawyers Franco Debono and Stefano Filletti, who are representing another accused in the case, argued the request to extract only the relevant information as evidence should have come from the prosecution itself. 

Lawyer Vincent Galea agreed with Debono and stated it is the prosecution’s job to come prepared and bring forward the relevant information.

Debono emphasised that the prosecution should come to court prepared with concrete, relevant evidence and not go on a “fishing expedition”.

Ultimately, the court decided to issue a decree in camera, denying both parties access to the USB containing the extracted mobile phone data until a final decision is reached.

At the end of the sitting, the defence lawyers once again raised the point on the rogatory procedure on getting court expert Jeremy Harbinson to testify.

Lawyers Charles Mercieca and Franco Debono said that the rogatory procedure should be the last step, and that other procedures are available.

The prosecution declared they submitted the application for the rogatory procedure as a method to get court appointed expert Harbinson to testify on Wednesday. The defence will be replying on the matter during the next hearing.

The sitting was adjourned to 7 May.

The prosecution is led by Inspector Wayne Rodney Borg together with AG lawyers Francesco Refalo, Rebecca Spiteri u Shelby Aquilina.

Joseph Muscat is being represented by Vince Galea, Luke Dalli, Charlon Gouder, Ishmael Psaila u Etienne Borg Ferranti.