The entire case against lawyer and former police inspector David Gatt is based on the testimony of a former police officer who was boarded out of the force on mental health grounds, a lawyer said today.

Defence lawyer Joe Giglio was making his final submissions in the case against Dr David Gatt, who stands charged with complicity in a number of hold-ups. Much of the testimony against him was delivered by (former) PC99 Mario Portelli, who had claimed that Dr Gatt styled himself a the ‘capo dei capi’ Toto Riina, a Sicilian Mafia boss.

David Gatt is charged with involvement in the theft of €1 million from the Balzan HSBC branch in 2007, the failed hold-up at the HSBC head office in 2010, which ended up in a shootout between two robbers and the police, the failed robbery attempt on a security van in the same year and an attempted robbery of the Gold Market jewellery in Attard.

He is also accused of helping Fabio Psaila flee from the police, and of helping Darren Debono (it-Topo) seek medical attention after he was shot in the jaw in the 2010 shootout. In connection with the same case he is charged with preventing Dr John Zammit Montebello – the doctor who examined Mr Debono – from alerting the police.

Dr Giglio said the charge that Dr Gatt had helped hide a wanted person was not proven at all during the course of the proceedings.

The rest of the charges can be split in two groups. The charges that he masterminded several hold-ups were solely based on testimony given by PC99.

The lawyer noted that the former police officer had been medically boarded out of the force because of mental health issues and was currently residing at Mount Carmel Hospital.

“There is an issue of credibility with the witness. This person (Portelli) said Dr Gatt was a person who impressed people and gave the impression that he was superior to others. He said Dr Gatt had impressed him psychologically – that he felt psychologically possessed by my client.”

“He told this very court that on one occasion Gatt burned a holy picture and that he (Portelli) kissed Gatt on the forehead and felt that he had also become superior. This is the main witness we are speaking of – a man who said that there would come a time when David Gatt would ‘move rocks.’ Dr Gatt has been debarred for all these years simply because of the claims made by this person.”

“This is fantasy, incredible,” the lawyer said. “I don’t know whether I should laugh or cry.”

PC99 had also claimed that Dr Gatt admitted to having been involved in two homicides, countless hold-ups, arson attacks. “The things he said would make Gatt a ‘dio dei dei’ (god of gods) not just a ‘capo dei capi.’ He would have put Toto Riina to shame.”

“This man also claimed that I gave up the front bench (usually reserved for senior lawyers) because even I acknowledged that he was the boss of bosses.’ The way I see it someone is living in fantasy land.”

Dr Giglio said that, according to Portelli, Dr Gatt had brandished a gun and shot at a tree but forensic experts had found no bullet holes. He said that, shortly before one of the hold-ups took place, Gatt took out a gun, put it to his (Portelli’s) head and told him he would soon hear ‘Enter the dragon.’ But the gun shop owner later confirmed that Gatt bought the gun well after the hold-up took place.

A business owner who was supposedly held-up by Dr Gatt in a revenge act had no idea who the former inspector was. And claims that Gatt would have his hand kissed when he visited a Xemxija restaurant and hand out cocaine were also rejected by the owner.

“It is clear that the prosecution itself does not believe Portelli. According to Portelli Dr Gatt had torched Saviour Balzan’s car but my client was never charged with the act. According to Portelli Dr Gatt was involved in two murders but the police never charged him with this. It is clear that the prosecution does not believe PC99, yet they have based this entire case on his testimony.”

The court, Dr Giglio said, had heard countless other witnesses, including Scene of the Crime Officers, but Dr Gatt’s name had never cropped up.

“I laughed, cried and despaired when going over the case file to prepare my submissions, knowing that a citizen of this country went through all this because of someone who is simply not fit for purpose.”

The second batch of charges said that Dr Gatt had hindered Dr Zammit Montebello from alerting the police about the injured man. Dr Gatt admitted to having asked the doctor to examine Darren Debono but has always insisted he was unaware of the hold-up attempt. He had simply asked the doctor not to mention his name, and the doctor had obliged, believing that this information was not relevant.

“Dr Gatt did not physically stop the doctor from giving information. He did not threaten him or offer him anything. The law says that there must be some form of physical or moral coercion to stop someone from testifying or saying the truth. It is crystal clear that he did not hinder the doctor. The relevant information here was that the man had a bullet lodged in his jaw, and the doctor did not hold back on this information.”

Dr Giglio said he hoped the police had not charged Dr Gatt as a way of getting back at him for contesting his unjust dismissal from the force in 2001. (Dr Gatt had been dismissed from the force by former Police Commissioner John Rizzo but a court had twice ruled that the dismissal was unfair and ordered his reinstatement.) “I hope this is not the case but the timeline of events is worrying.”

“It is true that the justice system is often slow but the same system has previously found in favour of Dr Gatt and we hope that it will do so again.”

In comparison, the prosecution’s submissions lasted less than a minute, with Inspector Joseph Mercieca saying that the case was based on Mario Portelli’s testimony, which was corroborated by others.

Magistrate Antonio Micallef Trigona deferred the case for judgement on 9 November.