Vitals Case Stalls As Expert Witness Refuses To Testify, Defence Tells Court

Defence lawyers in the Vitals Global Healthcare case have urged the court to take decisive action after key expert witness Jeremy Harbinson once again failed to appear for cross-examination on…

Defence lawyers in the Vitals Global Healthcare case have urged the court to take decisive action after key expert witness Jeremy Harbinson once again failed to appear for cross-examination on Wednesday as reported by Malta Today.

The sitting involved former permanent secretaries Alfred Camilleri, Joseph Rapa and Ronald Mizzi, with the session originally scheduled for Harbinson’s testimony. Instead, the defence argued that continued attempts to secure his appearance were futile and were unfairly prolonging proceedings to the detriment of the accused.

Appearing for the defence, lawyer Stefano Filletti requested that a representative from the Courts of Justice be summoned to formally exhibit all correspondence sent by Harbinson to the court in recent months, including emails and sworn affidavits.

The documents presented show that Harbinson repeatedly informed the court that he no longer considered himself engaged as a court-appointed expert and had no intention of testifying. In a sworn affidavit, he stated that he would not be giving evidence in Malta and that he had surrendered his warrant as an accountant, claiming he could no longer answer technical or accounting-related questions. The defence also told the court that Harbinson had liquidated his companies during this period.

Lawyer Franco Debono, also appearing for the accused, accused Harbinson of deliberately avoiding court proceedings while citing alleged threats as justification. He argued that the situation required firm action from the Attorney General, adding that the accused, all of whom had served the state for years, were being unfairly subjected to prolonged and uncertain proceedings.

Defence lawyer Michael Sciriha warned that further delays would be prejudicial, stressing that the ongoing uncertainty surrounding the expert witness was undermining the accused’s right to a fair and timely trial.

The Attorney General’s representatives maintained that the prosecution’s position remained unchanged and said they did not agree with the defence’s submissions.

Filletti told the court that the exhibited correspondence clearly showed that further attempts to notify Harbinson would serve no purpose. He argued that the court should now determine whether the expert should be formally declared unwilling or unable to testify, a finding which would have legal consequences for the case.

The court invited Filletti to file a formal written request on the matter, after which it will consider how to proceed.

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