Vitals: Compilation of evidence against Chris Fearne and others continues
LIVE | Magistrate continues to hear evidence against former deputy prime minister Chris Fearne and former finance minister Edward Scicluna, and 13 others
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Magistrate Leonard Caruana will this morning continue to hear evidence against former deputy Prime Minister Chris Fearne, former Finance Minister Edward Scicluna and 13 others, who stand charged with fraud and misappropriation in connection with the fraudulent hospitals concession to Vitals Global Healthcare.
Fearne and Scicluna are also accused of misappropriation and making fraudulent gain through abuse of their office.
Charged alongside Fearne and Scicluna are former permanent secretaries Alfred Camilleri and Joseph Rapa, current permanent secretary Ronald Mizzi, adjudication committee members James Camenzuli, Manuel Castagna, and Robert Borg, financial controller Kenneth Deguara, and five lawyers: Kevin Deguara, Jean Carl Farrugia, Aron Mifsud Bonnici, Deborah Anne Chappell, and Bradley Gatt.
Money laundering is amongst the charges these defendants are facing.
The compilation of evidence against the 15 defendants will resume where it left off yesterday, a sitting in which the defence demanded the expunging of all documents and data seized from DF Consultancy Services Ltd from evidence.
Throughout yesterday’s sitting, the defence challenged the admissibility of the evidence gathered by inquiry, and challenged the freedom afforded to inquiring magistrates to appoint experts of their choosing to assist it.
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He suggests that even the inquiry experts had noticed that Fearne's involvement in the deal was 'non-existent'. There was no evidence that Fearne replied to, nor was he copied in the email chain discussing the deal, argues his lawyer.
“The AG told us, with respect to Christopher Fearne, that the experts corroborate his argument that he should be found guilty. This is nowhere to be found in the inquiry.”
“If the court looks at the conclusions of the inquiry, in the inquiry, although there is no explanation at all, Christopher Fearne should be accused as an accomplice not a principal.”
He questioned why the police had chosen to charge Fearne in that manner, particularly in view of the statement that the police had not investigated the matter and had relied on the inquiry.
“The police have stated that they did not investigate anything. The Attorney General refuses to explain how they reached the decision to indict these individuals… Nowhere is there any form of reference, at least with regards to my clients.”
He refers to a decree handed down a few weeks ago by Magistrate Caruana in the case against Shaukat Ali. “Here, the court is making a distinction between the words ‘reasons’ and ‘evidence.’” This distinction had also been raised by Magistrate Rachel Montebello in the case against Joseph Muscat, he says.
The RFP had been issued on the basis of discussions between Mifsud Bonnici and DF Advocates to iron out the problems created by the MOU, Refalo states.
The lawyers at the firm had links to the OPM and used them to facilitate these crimes, he says.
Lawyer Kevin Deguara is also accused of money laundering. “He had started doing work for the consortium, in full knowledge of its shortcomings. He was aware of the existence of the MOU and the problems and the illegality it brought with it when it became an RFP.”
Mizzi had appointed the board that assessed the RFP, despite knowing that some of the people he was appointing had a conflict of interest. “He carried out, regardless, as if nothing happened.”
Scicluna had the power to put a stop to all this, but had failed to do so, says the prosecutor. This view was also taken by the magistrate when she ordered that Scicluna be charged.
When Konrad Mizzi was asked by Tonna whether Fearne was aware of what was happening, Mizzi replied that he was going to bring Fearne up to speed on everything, adds the prosecutor.
He points out that at the prima facie stage, if there is even the slightest shadow of a doubt that the accused may be guilty, this must automatically lead to the next stage of the proceedings.
“We have to look at how we got here. We began with a voluminous magisterial inquiry that was presented to this court, along with the inquiring magistrate's conclusions. Those conclusions were clear, and in these conclusions, several persons were indicated as the accused we see here today and in other separate cases.”
“So there are no checks or balances? Nothing?”
That is the practice adopted by the courts, Bugeja answers.
Giannella De Marco refers to the Code of Organisation and Civil Procedure which lists the rates. It states that if different rates are to be applied, it must be agreed with the magistrate beforehand, confirmed by a decree.
The CSA paid Harbison Ltd a total of €10 million, spread across several invoices over the duration of the four year inquiry. €775,000 was paid to another forensic accounting firm, Ansell Limited and €160,000 to another supplier.
The defence asks, and the court orders, the witness to return with all the relevant invoices.
Chris Fearne - Stephen Tonna Lowell
Edward Scicluna - Stephen Tonna Lowell
Ronald Mizzi – Stefano Filletti and Maurice Meli
Alfred Camilleri - Stefano Filletti, Maurice Meli, Franco Debono
Joseph Rapa - Stefano Filletti, Maurice Meli, Michael Sciriha
Kenneth Deguara - Ezekiel Psaila, Franco Debono, Jonathan Thompson, Marion Camilleri
Kevin Deguara - Psaila, Debono, Marion Camilleri, Jonathan Thompson
Deborah Chappell - Stefano Filletti, Roberto Montalto, Maurice Meli, Joseph MIzzi
Bradley Gatt - Franco Galea, Franco Debono, Michael Sciriha
Aaron Mifsud Bonici - Giannella Demarco, Charles Mercieca
James Camenzuli - David Farrugia Sacco
Manuel Castagna - Ezekiel Psaila
Robert Borg - Arthur Azzopardi, Marion Camilleri and Franco Debono
Today's hearing starts at 9:30am in front of Magistrate Leonard Caruana.