Former Malta Philharmonic Orchestra CEO Sigmund Mifsud has been handed a six-month effective prison sentence after the court found him guilty of trying to obstruct justice.
The case revolves around allegations of sexual harassment made against another orchestra official by a former musician, which Mifsud had tried to cover up. The allegations were made in 2022.
Mifsud was acquitted of two other charges, which involved allegedly using violence to influence another person’s will and instilling fear of violence in the victim. However, he was convicted of the third charge; attempting to prevent the victim and other individuals from providing information and evidence to the authorities.
In handing down the sentence, the court highlighted the seriousness of Mifsud’s conduct, particularly given his position as CEO of the orchestra and his responsibility to safeguard the wellbeing of its employees.
The court found that Mifsud had attempted to interfere with the administration of justice to protect his personal interests and considered his conduct serious enough to warrant an effective prison sentence.
The case stemmed from a sexual harassment scandal that engulfed Malta’s national orchestra after allegations emerged of an attempted cover-up involving another orchestra official. The official was charged and admitted to sexually harassing a female member of the orchestra and was handed down a one year prison sentence, suspended for four years. The court had also imposed a five-year restraining order in favour of the victim.
Mifsud was accused separately of instructing employees to remain silent about the scandal. According to the allegations, he had summoned orchestra staff to a meeting and warned that anyone speaking out about the matter would be considered complicit.
Prosecutors also alleged that he had attempted to persuade the harassment victim to change her version of events before the matter resulted in criminal proceedings.
During his testimony in court Mifsud said he knew the orchestra official involved professionally and considered him a friend, although they were not particularly close.
He explained that the official and the victim had previously been close friends, but their relationship had suddenly deteriorated following the postponement of a UK tour, at a time when tensions within the orchestra were high.
Mifsud said he had not initially looked into the situation because the woman had also become distant towards him, leading him to believe that she was experiencing personal difficulties.
He had told the court that he first became aware of the sexual harassment allegations when the woman informed him of an incident that had allegedly occurred around two-and-a-half years earlier.
Mifsud maintained that he was shocked by the allegation and encouraged her to file a report. Following a meeting about the situation, he prepared a letter and informed the permanent secretary.
A significant part of his testimony concerned recordings previously exhibited in court.
Lawyer Roberto Spiteri, appearing parte civile, referred to recordings in which Mifsud could allegedly be heard telling the official under investigation that they should maintain a consistent version of events.
Under cross-examination, Mifsud admitted that speaking to the official while he was under investigation had been a mistake, particularly since a lawyer had advised him against doing so.
However, he denied ever instructing the man to lie, maintaining that he was concerned about incorrect information circulating in the media and wanted the correct facts to be stated.
Inspectors Gabriel Micallef and Kevin Pulis prosecuted. Lawyers Edward Gatt, Mark Vassallo and Shaun Zammit represented Mifsud, while lawyer Roberto Spiteri appeared for the parte civile.
Magistrate Gabriella Vella presided over the case.