State Advocate unable to testify in VGH hospitals case due to lack of government clearance


State Advocate Chris Soler on Thursday informed the Criminal Court he could not take the witness stand in the ongoing hospitals concession proceedings, explaining the government had not released him from professional secrecy.

The sitting formed part of the challenges to freezing orders issued against several defendants facing charges linked to the fraudulent hospitals concession.

Soler had been summoned to confirm an official copy of the international arbitration decision between Malta and Steward Health Care, after the tribunal dismissed both Steward’s damages claim and the government’s counter-request for compensation.

In an earlier sitting, lawyer Vince Galea had asked the court to add Soler to the witness list once the arbitration concluded. The government later tabled the decision in parliament, and an official copy was placed in the Criminal Courts’ Registry.

On Thursday afternoon, Soler told the court he had complied with the order to present the decision but could not testify further because his client, the government, had not lifted his legal professional privilege. With no questions from the defence, he stepped down.

The court subsequently recorded updates on the remaining court-appointed experts.

Remote testimony invitations sent to Joan Rice on 19 and 26 November were declined.

Inquiry expert James McCullough said he was unavailable for Thursday’s sitting and did not confirm whether he could attend in January. Emails to Zara Melody bounced back, while no replies were received from Patrick James Anderson.

Expert Barry O’Donnell, who previously stated he was not involved in calculating freezing-order amounts, was asked to confirm this via affidavit but has not replied.

The case will continue in January before Madam Justice Edwina Grima.

The prosecution is being led by AG lawyers Francesco Refalo, Shelby Aquilina and Rebekah Gatt.

Lawyers Vince Galea, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti are appearing for Joseph Muscat.


Lawyers Franco Debono and Jonathan Thompson are representing Jean Carl Farrugia and Kevin Deguara.


Lawyer Charles Mercieca is appearing for Mario Victor Gatt.