Andrew Robert Coles, a court expert employed as part of the magisterial inquiry into the hospitals concession, testified on Tuesday that he was sub-contracted by Jeremy Harbinson to work on the report.

Coles also testified that he did not swearing under oath over his involvement in compiling the report.

Proceedings in which various freezing orders related to the hospitals concession are being challenged continued on Tuesday morning before the court presided over by Madam Justice Edwina Grima.

In the previous sitting, defence lawyer Vincent Galea, presented a note in the Criminal Court requesting that all other 26 experts involved testify. The note was presented to the court with regards to all the accused, not just former Prime Minister Joseph Muscat.

Galea told the court that since Harbinson and Vincent Bradley are showing no interest in testifying, it is necessary for the other 26 experts to be testify.

Andrew Robert Coles testified via video conference on Tuesday.

The court heard how he was involved in the publication of the magisterial inquiry report, which was concluded by court-appointed expert Jeremy Harbinson. The court had based its freezing orders against the accused on the report.

At the start of the sitting, the courtroom experienced several technical problems and the witness was delayed in testifying.

After the issue was finally fixed, the video connection was being constantly cut off and the witness disappeared from the screen several times. Defence lawyers were suspicious of this and lawyer Vincent Galea asked Coles to confirm if he was alone in the room.

Expert does not recall swearing under oath on inquiry report

During proceedings, defence lawyer Stefano Filletti asked Coles whether he swore under oath in his involvement in the report. “I do not recall,” he replied.

In response to this, defence lawyer Franco Debono pointed out that a certain page of the inquiry report clearly stated that Coles had sworn upon oath, specifically, “on the bible” and that this oath was administered by the inquiring magistrate.

Debono emphasised that this was clearly contradicting to the witnesses’ statement.

When questioned again on the matter, he stuck to the fact that he could not remember.

Debono told the witness that these events happened less than a year ago, therefore he should have no problem in remembering facts.

In an effort to clear out the matter, Madam Justice Grima firmly asked him: “Did you swear under oath on the report published?” and the witness once again confirmed that he had no recollection of the event whatsoever. However, the document referred to in court by lawyer Franco Debono, clearly stated otherwise.

Expert insists he had no say on final report

Asked on his previous work, Coles said he had been a detective constable for the past 14 years in the UK. 

He told the court that he was sub-contracted by Harbinsons Forensics Ltd and that Jeremy Harbinson had contacted him directly. Harbinson’s Forensics Ltd paid him for his services through another company.

In the report, Harbinson stated the work of the witness was conducted under his supervision, which Coles confirmed.

The witness told the court that the person which truly needs to be contacted in relation to the report is Harbinson, a comment to which the defence lawyers laughed sarcastically.

When questioned about his role in the report, Coles said that yet another court expert, Samuel Sittlington, had approached him and tasked him to investigate corruption in the government arrangements linked to the Vitals case.

Defence lawyer Vincent Galea asked Coles about his involvement in the conclusion of the specific amount of the €30 million freezing order of former Prime Minister, Joseph Muscat.

He replied that he was not aware of how the sum was calculated, or who was involved in the final decision.

Andrew Roberts Coles further told the court that he was only involved the early drafts in the compilation of the report. He was clear in saying that he was not involved in the outcome of the final report but later admitted to seeing it.

Defence lawyer Franco Debono questioned the witness in relation to the €20 million freezing orders issued for defendants Jean Farrugia and Kevin Deguara. He replied that he also was not involved in calculating the freezing orders.

When questioned by defence lawyer Giannella DeMarco: “Did you come up any of the amounts of the freezing of assets?” He replied in the negative.

When first questioned, the witness confirmed that he never came to Malta in connection with the Vitals case. However, it was heard that the witness did indeed come to Malta in relation to another investigation, but not in connection to the Vitals case.

Despite this, the witness later confirmed that court expert Samuel Sittlington, had instructed Coles to accompany him in the search of Muscat’s residence, while he was in Malta assisting in a separate investigation.

The sitting was adjourned to 16 July.

Former Prime Minister Joseph Muscat is being represented by lawyers Vincent Galea, Luke Dalli, Ishmael Psaila, Charlon Gouder, and Etienne Borg Ferranti.

Former minister Konrad Mizzi and former chief of staff Keith Schembri are being represented by lawyers Edward Gatt, Mark Vassallo, and Shaun Zammit.

Lawyers Gianella De Marco and Charles Mercieca are representing David J Meli and Mario Gatt.

Lawyer Stefano Filletti and Franco Debono are representing Alfred Camilleri, Jean Farrugia and Kevin Deguara.