Vitals: Defence wants Jeremy Harbinson removed from case

The defence in the ongoing Vitals and Steward hospitals concession criminal proceedings has asked the court to revoke the confirmation of the appointment of British forensic expert Jeremy Harbinson, arguing that he has repeatedly made it clear that he does not wish to take part in the Maltese proceedings.

The request was made on Wednesday as the compilation of evidence continued against Kenneth Deguara, Kevin Deguara, Jean Karl Farrugia, the law firm DF Advocates, and Deborah Chappell, who face charges of fraud and money laundering linked to the controversial concession of three public hospitals.

Prosecutors insisted they were doing everything possible to secure the testimony of Harbinson, who had been appointed as an expert in the magisterial inquiry into the concession.

They told the court that these efforts were being made in the interests of justice so that the testimony requested could be obtained. The prosecution said it was exploring all possible avenues to ensure that the expert witness could be located and eventually testify.

However, defence lawyer Franco Debono strongly objected to the ongoing situation, describing it as deeply frustrating for the accused.

Debono told the court that the defence intended to make a specific request in light of the circumstances, stressing that the accused had been subjected to freezing orders and had been waiting for months while authorities attempted to locate the expert.

“The accused are in misery waiting for the prosecution to find him,” Debono said.

The defence asked the court to revoke the confirmation of Harbinson’s appointment as an expert in the proceedings, arguing that the expert himself had clearly distanced himself from the case.

Debono argued that the expert had already stated under oath about a year ago that he did not want to have anything to do with the Maltese proceedings and did not intend to travel to Malta.

“The message from Harbinson is clear: he does not want anything to do with this country or these proceedings,” the lawyer said.

According to the defence, Harbinson had taken ownership of the report produced during the inquiry but had since consistently refused to participate in the criminal proceedings. Debono argued that an expert appointed by the court must enjoy the confidence of both the court and the parties involved, insisting that, in the current circumstances, that confidence no longer existed.

The defence therefore asked the court to revoke the confirmation of Harbinson’s appointment as expert.

The prosecution objected to the request, warning that revoking the appointment of an expert could be detrimental to the proceedings.

Later in the sitting, Superintendent Mario Cuschieri took the witness stand and explained the efforts made by police to locate Harbinson.

Cuschieri said the police had issued a blue diffusion through Interpol, which alerts law enforcement authorities in approximately 196 countries to assist in locating a person.

He explained that the purpose of such a diffusion is simply to identify where the individual might be located. He added that such alerts are not issued only for suspects but may also be used to locate witnesses, victims or persons of interest.

Despite the international alert, Cuschieri confirmed that the authorities have so far been unable to locate Harbinson.

The superintendent explained that if the witness were to be located in another country, the ability to use the information in Maltese court proceedings would depend on that country’s legal framework.

If the authorities of that country permit the sharing of information for evidential purposes, Maltese police could testify about the findings. However, if the country does not allow such information to be used in court, the matter would be referred back to the prosecution for further legal steps.

The court raised concerns that in such circumstances, the prosecution might not even be able to inform the court of Harbinson’s whereabouts without the consent of the country that provided the information.

During cross-examination, the defence pointed out that even if the police managed to trace Harbinson, he could move to another country before the necessary legal procedures are completed, describing the process as a “cat and mouse chase.”

Cuschieri replied that such difficulties are common in international investigations and occur in many jurisdictions.

He confirmed that, since the diffusion request was issued last December, Harbinson has still not been located in any of the 196 countries alerted through Interpol.

However, he assured the court that if any new information is received, it will immediately be communicated to the prosecution.

The case was deferred to 14 April at 9:15am.

The prosecution was led by AG lawyers Francesco Refalo, Shelby Aquilina and Rebekah Gatt. The defence was led by Franco Debono, Joseph Mizzi, Jonathan Thompson and Ezekiel Psaila.

Magistrate Leonard Caruana presided over the sitting.