A court has rejected an attempt by former Prime Minister Joseph Muscat to force the police to prosecute a Serbian court-appointed expert whose work formed part of the evidence leading to criminal charges against him in the Vitals hospitals case.

Muscat had asked the court to order the police commissioner to prosecute Miroslava Milenovic, arguing that she had unlawfully described herself as a "forensic accountant" despite not holding a Maltese warrant to practise as an accountant.

Magistrate Franco Agius dismissed the challenge on Monday. Muscat is expected to appeal.

Milenovic was one of several experts appointed by Magistrate Gabriella Vella during her years-long inquiry into allegations surrounding the government's concession of three hospitals to Vitals Global Healthcare, later taken over by Steward Health Care.

The inquiry concluded that dozens of people, including Muscat, should face criminal charges. Prosecutors subsequently arraigned those identified in the inquiry in May 2024. Muscat has pleaded not guilty to charges including money laundering, bribery and trading in influence.

In November 2024, Muscat and other people charged in the case petitioned the police to prosecute Milenovic, claiming she had falsely presented herself as a "forensic accountant" despite not holding a Maltese accountancy warrant.

The police rejected the request in March 2026, saying their investigations had found no grounds for prosecution. Muscat then turned to the courts in an effort to have the police decision overturned and a prosecution ordered.

During proceedings, members of the accountancy board confirmed that Milenovic had never held a Maltese warrant. The board chairman testified that the term "forensic accountant" implied that the person using it held such a warrant.

Police witnesses, however, said an informal consultation with the board's then-secretary had led them to understand that the use of the term fell into a legal grey area regarding warranting requirements.

Investigations established that Milenovic had been certified as an accountant in Serbia in 2000, with her last annual licence renewal recorded in 2017. She also held credentials from the US-based Association of Certified Fraud Examiners.

The police concluded that Milenovic had been engaged by the court because of her specific expertise and found no evidence that she had solicited work by falsely presenting herself as an accountant.

In dismissing Muscat's challenge, Magistrate Agius noted that two court documents referring to Milenovic as a forensic accountant - the decree appointing her and a document confirming her report - had not been drafted by Milenovic herself.

The court also held that the challenge was premature since the criminal proceedings against Muscat and the other accused remain ongoing and she could still provide further evidence or testimony.

The court therefore found no basis to order the police to prosecute Milenovic and dismissed Muscat's request.