UK authorities have informed Malta that they do not intend to pursue financial-crimes expert Jeremy Harbinson to testify in the criminal case against former Prime Minister Joseph Muscat and others, effectively treating the matter as "closed."
The development emerged during a court sitting on Wednesday, where it was confirmed that Harbinson has submitted an affidavit to UK authorities outlining why he cannot testify.
Harbinson, a key expert in the Vitals-Steward hospitals inquiry, had been scheduled to testify remotely. He had already refused to travel to Malta, citing safety concerns. Instead, the court heard from Sean Xerri De Caro, a lawyer from the Attorney General's international relations unit, who explained that Harbinson's February 10, 2025 affidavit lists several reasons for refusing to participate in proceedings.
When asked what will happen to upcoming hearing dates reserved for Harbinson's testimony, Xerri De Caro suggested that the content of the affidavit "speaks for itself." Defence lawyer Vincent Galea then read out a communication from UK police stating: "we now consider this matter closed."
Harbinson had served as the lead forensic expert in the years-long inquiry into the failed hospitals concession. His work had been central to the recommendations for criminal charges against Muscat, former OPM chief of staff Keith Schembri, and a wide range of other political, professional, and business figures. All defendants have pleaded not guilty. Earlier this week, Harbinson was fined €500 by the Criminal Court for failing to appear as previously ordered.
Prosecutor Francesco Refalo declared that Malta's authorities will pursue any lawful avenue to secure Harbinson's testimony, whether in Malta or remotely. He described this effort as essential for justice and the proper administration of the case. Refalo also urged the court to censure Harbinson for failing to fulfill the duties of a court-appointed expert.
Defence lawyers argued that the case cannot progress without Harbinson's testimony, noting that the prosecution had heavily relied on his investigative work. Franco Debono labelled him the "star witness" whose absence has effectively frozen the lives and assets of the accused.
Debono asked the court to consider whether Harbinson's conduct amounts to a breach under Article 522 of Maltese law, which allows the court to order the arrest of a prevaricating witness and impose up to three months' imprisonment and a fine of up to €4,600.
Other defence lawyers stressed the impact of the prolonged delay. Galea noted the contradiction between Harbinson's initial claim that he could not travel due to his wife's illness and recent indications that he had left the UK for an extended period. Jason Grima emphasized the accused's right to proceedings within a reasonable timeframe, while Edward Gatt pressed the prosecution on whether it intends to proceed at all without Harbinson.
The court, presided over by Magistrate Lara Lanfranco, will issue a decree in December.
Lawyers Vince Galea, Giannella De Marco, Franco Debono, Arthur Azzopardi, Stefano Filletti, Edward Gatt, Charles Mercieca, Kathleen Calleja, Grima, Shaun Zammit, Shazoo Ghaznavi, Jessica Formosa, Luke Dalli, Mark Vassallo, Alex Scerri Herrera, Joseph Mizzi, Jonathan Thompson, Chris Cilia, Stephen Tonna Lowell, Ishmael Psaila, Charlon Gouder, and Etienne Borg Ferranti are representing the different defendants