The Malta Independent 15 July 2026, Wednesday
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State Advocate declines to testify in hospitals concession case citing professional secrecy

Thursday, 27 November 2025, 15:42 Last update: about 9 months ago

State Advocate Chris Soler informed the Criminal Court on Thursday that he was unable to take the witness stand in the ongoing proceedings concerning the hospitals concession, stating that the government had not released him from his obligation of professional secrecy.

The hearing formed part of the challenges to the freezing orders imposed on several defendants who are facing charges connected to the allegedly fraudulent hospitals concession.

Soler had been summoned to authenticate an official copy of the international arbitration ruling between Malta and Steward Health Care. That tribunal had dismissed both Steward's claim for damages and the government's counterclaim for compensation.

During an earlier sitting, lawyer Vince Galea had requested that Soler be added to the witness list once the arbitration had concluded. The government subsequently tabled the arbitration decision in parliament, and an official copy was filed in the Criminal Court Registry.

On Thursday afternoon, Soler stated that he had complied with the court order to submit the decision but could not provide further testimony because his client, the government, had not waived his professional privilege. As the defence had no questions, he stepped down.

The court then recorded updates regarding the remaining court-appointed experts.

Remote testimony requests sent to Joan Rice on 19 and 26 November were declined.

Inquiry expert James McCullough informed the court that he was unavailable for Thursday's hearing and did not confirm whether he could attend in January. Emails sent to Zara Melody were returned undelivered, and no replies were received from Patrick James Anderson.

Expert Barry O'Donnell, who previously stated that he had no involvement in calculating the amounts for the freezing orders, was asked to confirm this through an affidavit but has not yet responded.

The case will resume in January before Madam Justice Edwina Grima.

The prosecution is being led by Attorney General lawyers Francesco Refalo, Shelby Aquilina and Rebekah Gatt.

Lawyers Vince Galea, Ishmael Psaila, Charlon Gouder and Etienne Borg Ferranti are representing Joseph Muscat.

Lawyers Franco Debono and Jonathan Thompson are representing Jean Carl Farrugia and Kevin Deguara.

Lawyer Charles Mercieca is representing Mario Victor Gatt.

 


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