A Maltese magistrate has determined that the domestic courts lack the authority to compel financial crimes specialist Jeremy Harbinson to testify in the Vitals hospitals proceedings involving former prime minister Joseph Muscat.
Magistrate Lara Lanfranco ruled that the matter falls within the jurisdiction of the Northern Irish courts, which had been designated as the venue from where Harbinson was expected to give evidence through live video link.
The magistrate directed the prosecution to verify whether Harbinson had in fact been formally summoned before the Irish courts and to establish whether any action is being taken there in response to his non-appearance. Harbinson served as the principal financial crimes expert during the extensive inquiry into the Vitals-Steward hospitals concession, an investigation that recommended criminal charges against Muscat, his former chief of staff Keith Schembri, and a number of other individuals, including politicians, civil servants, lawyers and business figures. All defendants have entered pleas of not guilty.
Harbinson had been scheduled to testify remotely last month from an Irish courtroom, having previously stated that he would not travel to Malta due to concerns for his personal safety. In separate proceedings, he was fined €500 for failing to attend a Criminal Court hearing.
Instead of his testimony, the court heard from a representative of the Attorney General's international relations unit, who explained that Harbinson had submitted an affidavit to UK authorities in February 2025 outlining his reasons for declining to participate.
Additional documentation indicated that he was no longer present in the United Kingdom and would not be returning for a considerable period. UK authorities also informed Malta that they did not intend to pursue further efforts to secure his testimony and regarded the matter as closed.
During the November sitting, prosecutors signalled that they would explore all available legal mechanisms to obtain Harbinson's evidence and requested that the court adopt any necessary measures. Defence counsel countered that the prosecution had constructed its case around Harbinson's expertise, characterising him as a court-appointed specialist and the central witness. They asked the court to consider whether his conduct constituted an offence under Article 522 of the Criminal Code, which permits the arrest of a prevaricating witness and allows for penalties including up to three months' imprisonment and a fine of up to €4,600.
In her decision, Magistrate Lanfranco observed that Harbinson had been summoned under a letter of request issued pursuant to the European trade convention, the post-Brexit mechanism governing cross-border witness testimony.
Under this framework, he was required to appear before a court in Northern Ireland, where the oath would be administered and Maltese law applied. His live testimony would then be transmitted to Malta for examination. Because the governing legal instrument assigns enforcement authority to the national court - in this instance, the Northern Irish court - the power to respond to his absence lies solely with the Irish judiciary. Malta therefore lacks jurisdiction to impose sanctions.
The magistrate ordered that her ruling be transmitted to the Irish courts and granted the Attorney General's office a three-month period, commencing once the ruling is translated into English, to comply.