Expert in Vitals inquiry fined €500 after failing to appear in court again

Vitals inquiry expert Jeremy Harbinson has once again failed to appear in court, and was fined €500 after being in contempt of court.

The Irish financial specialist, who has repeatedly insisted he would never return to Malta because of safety concerns, did not attend Thursday’s sitting despite being officially notified.

During the hearing, Chief Marshall John Micallef confirmed that he personally oversaw the service of the summons and monitored the tracking process. He told the court that the subpoena was successfully served and that no message or explanation had been received from Harbinson.

The court noted that the expert had been properly informed, yet did not show up. The court recorded that if Harbinson enters Malta at any point, an escort warrant will be issued immediately and an urgent sitting held so that his evidence can finally be heard.

The proceedings are tied to freezing orders imposed on several individuals, including former Prime Minister Joseph Muscat, as part of the criminal case arising from the magisterial inquiry into the hospitals concession granted to Vitals Global Healthcare.

Defence lawyer Edward Gatt referred to the recent arbitration decision by the International Chamber of Commerce. He pointed out that, while the attorney general is requesting the confirmation of freezing orders in the maltese courts, the state advocate had taken the opposite position before the tribunal overseas by stating that no public funds were stolen and that government had paid for services, apart from certain outstanding amounts.

Gatt asked the court to hear State Advocate Chris Soler in light of the tribunal ruling. The court accepted the request. Assistant Attorney General Francesco Refalo agreed that the arbitration award has direct relevance to the issues being contested in the freezing order proceedings.

Lawyer Franco Debono invited the court to consider whether Harbinson was merely absent or deliberately refusing to testify. He urged the judge to issue an arrest warrant so that Harbinson may be escorted to court when possible. The judge observed that Maltese jurisdiction does not extend to Ireland and that any warrant could only be enforced if Harbinson arrives in Malta.

Lawyer Charles Mercieca added that issuing the warrant would still be appropriate because it could be executed immediately if Harbinson sets foot in the country.

Another lawyer, Ezekiel Psaila, drew attention to the position of the individuals seeking to lift their freezing orders. He argued that they cannot initiate constitutional proceedings while the court remains unable to hear the evidence of the appointed expert.

The court also heard testimony via video link from Tom Patterson, another expert appointed in the inquiry. Patterson explained that his task was to receive documents, place them in storage and retrieve them upon request. He clarified that he did not participate in calculating figures or drafting the expert report. As the testimony ended, Patterson remarked light-heartedly that he loved Malta.

The court was informed that expert Barry O’Donnell replied to an email stating that he had only supervised staff assigned to the inquiry and would not be communicating further.

Other experts have proved difficult to contact. Ron McCormick did not respond to attempts to reach him. No address is available for Stephen Clarke. Attempts to locate Darran McLaughlin and Patrick James Anderson have also been unsuccessful after both men changed employment before the inquiry was concluded.

These issues prompted lawyer Alex Scerri Herrera to ask how court-appointed experts could end up without traceable contact information.

The case was adjourned to 27 November, when State Advocate Chris Soler is expected to testify.

The prosecution team consisted of AG lawyers Francesco Refalo, Rebekah Gatt and Shelby Aquilina.

Appearing for the defendants were: lawyers Vince Galea, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti for Joseph Muscat; lawyers Franco Debono and Jonathan Thompson for Jean Carl Farrugia and Kevin Deguara; lawyer Charles Mercieca for Mario Victor Gatt; lawyer André Portelli for David Joseph Meli; lawyers Edward Gatt and Mark Vassallo for Keith Schembri and Konrad Mizzi; lawyer Stephen Tonna Lowell for Brian Tonna, Karl Cini and Nexia BT; lawyer Chris Cilia for MTrace; lawyer Stefano Filletti for Adrian Hillman and lawyers Shazoo Ghaznavi; Alex Scerri Herrera and Jessica Formosa for Clarence John Conger Thompson, Shaukat Ali and Wasay Bhatti.

Madam Justice Edwina Grima presided over the sitting.