Brian Tonna has right not to answer Electrogas questions if he feels they may incriminate him

Nexia BT partner Brian Tonna had a right not to answer questions about the Electrogas power station tender if he felt the replies could incriminate him, the Speaker has ruled.

Anglu Farrugia said witnesses brought to testify in front of parliament's Public Accounts Committee had a right to silence if the matter being probed is subject to judicial proceedings.

There are no known criminal proceedings against Tonna in relation to the Electrogas contract, however, the Speaker ruled that even in such cases, a witness had a right not to answer questions he felt could incriminate him.

The ruling was given after Tonna failed to answer any questions during his testimony before the committee last week. The committee is probing a National Audit Office report on the gas power station tender.

Tonna and Nexia BT were involved within the evaluation committees that considered the bids submitted for the tender.

On the basis of one's right to silence, and with the aid of his lawyer Stephen Tonna Lowell, Tonna refused to answer questions regarding the Electrogas contract.

Tonna Lowell added that his client was questioned over Electrogas during a separate magisterial inquiry, and due to ongoing proceedings against him he wished to exercise his right to silence, citing a particular court sentence for argument. 

Tonna will be recalled to testify in front of the committee for another grilling over the Electrogas contract.

Tonna is currently facing money laundering charges on issues unrelated to Electrogas.