Court hears of sealed prison packages in alleged illegal IVF case involving Josie Muscat and Erin Tanti

 The case against Erin Tanti, his partner Marisa Gallo, and veteran doctor Josie Muscat continued before Magistrate Leonard Caruana, with detailed testimony shedding light on what prosecutors allege was an unlawful in vitro fertilisation (IVF) procedure carried out in breach of Malta’s embryo protection laws.

The court heard from Raymond Agius, an estate facilitator at St James Hospital, who said he had twice collected sealed packages from Corradino Correctional Facility last November at the request of Muscat.

Agius explained that on both occasions he went to the prison, once on a Saturday morning, was handed a sealed bag by an unidentified person at the gate, and delivered it directly to St James Hospital in Sliema without opening it or asking any questions.

Prosecutors confirmed that no criminal action would be taken against Agius, who has worked at the hospital for around ten years and has known Muscat throughout that time. During cross-examination, he stated that he had often carried out errands for the doctor and had not considered the task unusual.

The court also heard from Christine Schembri Deguara, a fertility consultant and lead specialist at Hope Clinic, who described the highly regulated process that governs IVF treatments in Malta. She told the court that Marisa Gallo had attended her clinic on 27 October 2024 for a fertility consultation, explaining that she was 40 years old and hoping to become a mother.

She testified that Gallo had said her partner was in prison but had not provided details of his conviction or sentence. The consultant explained that any IVF treatment requires prior assessment of both partners, medical, psychological, and social, as well as express authorisation from the Embryo Protection Authority. Without such authorisation, no treatment could take place.

She emphasised that while incarceration in itself does not automatically disqualify a person from becoming a parent, international and local protocols prevent IVF in cases where an individual has been found guilty of offences involving harm to minors.

During the sitting, the Correctional Agency filed a request to participate in the case as a parte civile, a request that the defence opposed.

The case was adjourned to 15 December 2025.