Schembri short-circuits PAC hearing over perjury complaint as testimony is suspended

Keith Schembri used his legal muscle to dead-leg the chairman and Opposition members of the Public Accounts Committees, when they denied him a Speaker’s ruling to have his testimony suspended.

Schembri’s lawyer, Edward Gatt, said his client wanted a Speaker’s ruling to have his testimony on the NAO report into the Electrogas gas plant, suspended because PAC chairman Darren Carabott and the two Opposition MPs had last week filed a police report.

The report was for a perjury investigation into a PAC witness, the former finance minister Edward Scicluna, and a witness in the Caruana Galizia assassination public inquiry, former deputy police commissioner Silvio Valletta, over statements by Schembri that contradicted what they told both fora.

Previously

[WATCH] Keith Schembri on Panama: Mizzi thought I had the Midas touch, PAC is told

Keith Schembri at PAC: ‘I do not remember if I instructed Nexia to open Panama company’

On Tuesday afternoon, Schembri went on the offensive by demanding that his testimony be suspended pending the outcome of that police investigation.

It looked like the Nationalist MPs had committed an own-goal with their zealous criminal complaint on two figures’ statements which might have not had paramount bearing on the Schembri grilling.

PAC chairman Darren Carabott consulted the Standing Orders, informing Schembri that only a member of the PAC, and therefore an MP, could request such a ruling.

So Schembri’s lawyer verbalised a request to the committee, requesting whether any MP – ostensibly, Labour – would be willing.

The Labour MP Glenn Bedingfield, who formerly worked by Schembri’s side in the Office of the Prime Minister, requested a closed-doors discussion with the other MPs. But ultimately, the government MPs did not request such a ruling, leaving Schembri’s lawyers to deploy yet another request: a constitutional reference on the PAC’s refusal for the ruling.

Schembri’s lawyers said they would filed a request in the Constitutional Court as to whether it was lawful that Schembri be made to testify in the PAC when its members had filed a related request for a perjury investigation.

Schembri proceeded not to answer any questions from Carabott, who declared that even pending their intended request to the courts, he would ask the witness all the questions he intended asking.

Schembri refused to answer, for example, how he knew that the company Egrant, a Panama company cited in emails from auditors Nexia BT to Mossack Fonseca at the time that they were seeking a bank account for Schembri’s offshore company, had never been ‘used’. Schembri said he would not answer, due to the constitutional case he would request in two days’ time.

At that point, Carabott reminded him that the rules of the PAC were clear and that, based on former rulings, a witness could only refuse to answer a question for fear of incriminating himself. Carabott proceeded to stop the committee sitting, to request a Speaker’s ruling on Schembri’s refusal to answer.

Schembri was dismissed pending the outcome of the Speaker’s ruling.

15:03 PAC sitting is over. Matthew Vella

15:02 Committee hearing adjourned, pending a ruling from the Speaker on the refusal by Schembri to answer the PAC questions. Matthew Vella

15:02 That’s it. Keith Schembri is dismissed. For now... Matthew Vella

15:01 Carabott replies: How do you know that Egrant was never used; and is your refusal to answer down to your fear of being incriminated? Schembri – will not answer. Carabott now will request the Speaker’s guidance on Schembri’s refusal to answer. Matthew Vella

15:00 On with the questions... but Carabott tells Schembri that the only instance in which he cannot answer the PAC’s questions is if he risks incriminating himself. Matthew Vella

14:59 First question: how did you know that the Egrant company had not been used. Schembri says, I will not answer due to the Constitutional Court to be filed in two days’ time. Matthew Vella

14:58 Carabott is going to go ahead with his questions... Schembri will probably be refraining from answering. Matthew Vella

14:56 Schembri will use the Constitutional Court to try and challenge the PAC for a suspension pending the perjury investigation, with Gatt saying that the PAC chairman should not be the gatekeeper to the Speaker. Matthew Vella

14:55 Edward Gatt says he has instructed Keith Schembri not to answer any questions today, because they will ask for a Constitutional decision on the matter, citing specifically the PAC members' request for a perjury investigation. Matthew Vella

14:54 Carabott reconfirms the Standing Orders allowing only MPs to request a ruling. No MPs have requested this kind of ruling. Matthew Vella

14:54 Ok, so it seems that now, none of the MPs have requested a formal ruling from the Speaker. Matthew Vella

14:52 Back in session... Matthew Vella

14:45 If they go for a vote between themselves... well, Labour has the majority in the PAC. Matthew Vella

14:45 Quick update if you just joined. The lawyers of Keith Schembri want his hearing to be suspended up until a police investigation requested by the Opposition MPs in the PAC on alleged perjury of witnesses whom Schembri contradicted, is completed. The lawyers cannot make the request. Only the MPs can. And Labour MP Glenn Bedingfield has requested a closed-doors discussion between the PAC members to decide on whether the ruling should be requested. Matthew Vella

14:43 Committee hearing is suspended once again for MPs to deliberate. Matthew Vella

14:43 The former Labour Whip, and one-time OPM employee under the Muscat administration, Glenn Bedingfield, has asked that a discussion be held between PAC members on the request. Matthew Vella

14:43 Glenn Bedingfield... yes, we should discuss it... Matthew Vella

14:42 He asks: I am requesting that any member of the PAC requests for a ruling from the Speaker as to whether the request for a suspension of the testimony has to be given in the circumstances... Matthew Vella

14:42 Now Gatt is verbalising his request to the clerk. Matthew Vella

14:41 What will the Labour MPs do? Allow Keith Schembri a little holiday from the PAC by supporting a request for a ruling from the Speaker? Matthew Vella

14:41 Gatt obviously wants the Labour MPs to support that request... Matthew Vella

14:40 Edward Gatt is making a new request: he is asking the MPs present, whether the PAC should make this request. Matthew Vella

14:40 PAC chairman says session must continue up and until Speaker takes a decision on the ruling, and that only an MP can request a ruling from the Speaker. Matthew Vella

14:39 Back in session. Matthew Vella

14:21 Schembri and his lawyers leave the committee room, and the sitting is suspended for the time being. Matthew Vella

14:20 Carabott is suspending the committee hearing, to consult the Standing Orders. He thinks only members of the PAC can request such a ruling. Matthew Vella

14:20 Going by the secrecy of so many police investigations left pending... a suspension of the PAC hearing could serve as an indefinite hiatus for Schembri. Matthew Vella

14:19 Gatt is verbalising his request for a ruling from the Speaker of the House on the matter, hoping he will buy more time for Keith Schembri if the testimony is suspended due to an ongoing police investigation into the PN report. Matthew Vella

14:18 Carabott says his criminal report concerns claims in the PAC by Schembri, suggesting a conflict in the version of events as relayed to the inquiry as well as the PAC, by former finance minister Edward Scicluna and former deputy police commissioner Silvio Valletta. Matthew Vella

14:17 Gatt is saying he will request a ruling on suspending the testimony of Schembri, pending the outcome of the police investigation. Matthew Vella

14:17 The report was made by Carabott and the two Opposition members of the PAC. Matthew Vella

14:17 First up: Keith Schembri lawyer Edward Gatt is asking PAC chairman Darren Carabott as to what informed their criminal report to the police for perjury, on comments made by Edward Scicluna and Silvio Valletta to the public inquiry into the Caruana Galizia assassination. Matthew Vella

14:15 Good afternoon, we are live from the PAC committee room. Matthew Vella