Court expert Jeremy Harbinson is the forensic accountant who is refusing to testify on his report, which constituted the basis for the charges issued against several people
Defence lawyers representing several professionals accused of fraud and money laundering in the Vitals hospitals case have urged the prosecution to shut its case without the testimony of a key court expert.
The lawyers argued on Wednesday that the case against their clients has become a "stalemate" after the prosecution's key witness, court expert Jeremy Harbinson, has repeatedly refused to testify.
The defence team representing the accused, lawyers Deborah Anne Chappell, Kevin Deguara, Jean Carl Farrugia, and Chief Financial Officer Kenneth Deguara, asked the court to urge the prosecution to either close its evidence or drop the case completely. The four accused are part of a much larger group of individuals that include former Prime Minister Joseph Muscat, who were arraigned in connection with the Vitals hospitals concession that went belly up and was eventually terminated by the courts.
Criminal proceedings against the four defendants resumed on Wednesday morning before Magistrate Leonard Caruana.
Defence lawyers stated that the proceedings have reached a complete stalemate, after the star-witness of the case, Harbinson, has refused to testify despite multiple court orders.
The defence lawyers lamented that their clients were currently subjected to massive freezing orders, ranging from €13 million to €40 million. They stressed that such measures had profoundly disrupted and affected their lives.
Lawyers stressed that the entire prosecution case is built on the testimony of Harbinson, director of Harbinson Forensics Ltd that was contracted by the inquiring magistrate to probe company records, financial transactions and other information.
But for over a year, the accused had been waiting for Harbinson to testify. Harbinson's findings underpin the entire investigation. Defence lawyers said that without his evidence the case cannot move forward. His refusal to testify places the entire process in paralysis, they argued.
Over a year ago, Harbinson was ordered to testify viva voce but he was later scheduled to testify via video conference. Yet even that failed. In December 2025, Harbinson informed the authorities that under no circumstances would he testify.
Defence lawyer Franco Debono once again questioned whether Harbinson's actions constitute an Article 522 breach, which provides for the powers of the court in case of a prevaricating witness.
The defence requested the court to evaluate whether Harbinson and his company still merit the court's trust as experts.
At the end of the sitting, the defence submitted that the Attorney General must be given a reasonable time limit to either close their evidence or withdraw the case against the defendants. If the AG has no further proof and cannot secure Harbinson, then the case should be closed or withdrawn.
"The AG declared that they would do everything legally possible to bring him but we all know that nothing more can be done," defence lawyer Stefano Filletti held. "Even this Court has no power over a witness residing abroad. Continuing in these circumstances only harms the defendants".
Harbinson resides in the United Kingdom, placing him beyond the jurisdiction and reach of the Maltese courts. In a previous sitting, it was heard how Maltese courts have no authority to force financial expert Jeremy Harbinson to take the stand in the criminal proceedings linked to the Vitals-Steward hospitals concession.
The prosecution team consisted of AG lawyers Francesco Refalo, Rebekah Gatt and Shelby Aquilina. Lawyers Stefano Filletti, Franco Debono, Joseph Mizzi and Alan Muscat appeared for the defendants.