Vitals: Prosecution requests deferral after criminal complaint filed against court expert
Prosecution and defence teams butt heads after criminal complaint filed against court-appointed forensic accountant in Vitals hearing
Court-appointed forensic accountant Miroslava Milenović was supposed to testify on Friday, but due to “developments which happened in the last 24 hours”, the prosecution asked that she testify another time.
Speaking in court on Friday, lawyers from the Attorney General’s office referred to a criminal complaint filed against Milenović, and said the prosecution is requesting that the case is deferred to another date.
Lawyer Franco Debono, who is part of the defence counsel, objected to the deferral of the hearing. “Does an objective reason why a court-appointed expert does not have to testify exist? What happens to these procedures if Milenović does not testify?”
Other lawyers forming part of defence counsel also raised numerous objections to the request.
Lawyer Stefano Filletti objected on the basis that when an ordinary witness declares that there are fears that they might incriminate themselves, they can make use of their right of silence.
“Milenović is afraid of incriminating herself on a role that was assigned to her as a court-appointed expert. The presence of this witness is not only a cosmetic one but very much a material one" Filletti said.
“It is not the Attorney General’s role to protect court-appointed witnesses, and it is apparent now that the AG is displaying some bias.”
The prosecution countered these objections, once again citing what happened in the last 24 hours, adding that it is the prosecution that regulates the witnesses.
Debono countered the prosecution’s statements by reminding that there is an entire proceeding that is all about hearing a witness testifying, “as the bare minimum, a valid reason should be given” Debono concluded.
The Court, presided by Magistrate Leonard Caruana, decided that the case is to be deferred.
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