Court finds grounds for police inspector Elton Taliana’s indictment

Elton Taliana, 41, of Birkirkara, is denying charges relating to divulging information on police investigations.

He stands accused of leaking information about an ongoing police investigation into a jailed Dutch scam artist named Julian Hofstra to Hofstra's now former lawyers.

One of the witnesses summoned today was lawyer Charles Mercieca, who confirmed that he had communicated with the inspector, but refused to divulge any further information about the content of the conversations as he was bound by professional secrecy and breaching it was a crime in itself.

He confirmed, however that there was a chat between him and Taliana, in which Taliana had asked for a medical appointment with Mercieca’s father, an ophthalmologist. “He had asked me for an appointment. I don’t recall the date exactly, I’m not sure but before the 6th or 7th January if I’m not mistaken.”

Superintendent James Grech, from the police Criminal Investigations Department, also testified.

He had learned that lawyers Gianluca Caruana Curran and Charles Mercieca were due to go to Holland to speak to Hofstra.

“Julian called me on the 11th. He was to meet the lawyers in an hour’s time and started to talk to me about devices and recordings…He said he had recordings of Melvin Theuma talking to him about the case of Daphne Caruana Galizia. I asked why Theuma had spoken to him a boy of less than 20 but it emerged that he [Hofstra] was involved in this circle of people…he read a transcript of his recordings, just a couple of sentences to tell me that he had the information,” he said.

Magistrate Nadine Lia, presiding the sitting, asked why Hofstra had called the police before his lawyer. “He wanted to find out who would give him access to the devices. He wanted the devices in hand and was speaking to parties who could help him.”

Hofstra had told Grech that he had FIAU and police records listing his name and surname, date of birth and marital status. “I recognised that these were from the NPS (National Police System) database. I was relieved to see that there was nothing from the intelligence database.”

Hofstra didn’t want to reveal the name of the inspector at the top of the paper from which he read the information, said the superintendent, who said that it was a concern for him that information had been leaked by a colleague.

“I tried to pick his brain and told him that the doc should have date and time thing was printed at top right…from this date and time I would find out who printed the information.”

This paper was given to Hofstra by Charles Mercieca in a bid to make him think that he had power over the police force, said the Superintendent.

Superintendent Antonello Grech from the police IT section had been asked to see who accessed the database and printed the information out at the date and time involved.

Grech had done as asked and sent his findings to the superintendent in a sealed envelope. It emerged that Inspector Elton Taliana had accessed Hofstra’s information at that date and time, but the system didn’t say that Taliana had printed the document.

The only other access was by the police’s intelligence unit, the Malta Security Services and Grech himself. In 2019, the intelligence unit had accessed Hofstra’s info, after 2019 there was continuous access from 15 December 2020 by members of MSS.

“Before I had accessed the record, it was accessed by Elton Taliana on 7 Jan 2021 at 14:44, 44…I had informed the commissioner that besides the intelligence unit and MSS there was Elton’s access.”

The Superintendent had communicated with the head of MSS and was told that MSS were investigating the matter too and the MSS personnel logins were legitimate. “Therefore, it left Taliana and myself. I informed the commissioner who told Stephen Gatt to investigate for themselves.”

Meanwhile Hofstra would regularly call Superintendent James Grech, the court was told.

“The lawyers had also confirmed this [meeting] to me,” he said. “I had called both Caruana Curran and Mercieca but neither answered. I had messaged Charles Merceica asking to speak to him. Merceica had expressed surprise at the fact that the superintendent knew of the contact, recalled the policeman with a chuckle, replying that it was part of his job.”

Grech said that Hofstra, who is due to be released on 16 June, was trying to introduce an element of competition between the police and his lawyers in order to obtain the devices, but the Superintendent had told Hofstra that it was pointless to do so and to speak to his lawyers.

Taliana had used the system three days before the lawyers went to Holland, added the superintendent.

A police officer from the force’s IT section testified that while Taliana had made searches on the NPS, he had not accessed the Schengen information system. “At no time does it appear that an Elton Taliana accessed the SiS system.”

Asked if when a person files a report, the police officer receiving the report should verify the identity of the filer and report the documents filed, he said “it should be”, but that this was not always the case.

He added “for example Hofstra had been arrested at the airport for fighting with a man. His passport number is not in the report.” The officer also exhibited a list of searches made on the system by Taliana, which included searches for Hofstra’s details.

The persons were logging in from the PC used by Taliana. It was him every time, said the witness.

The case continues on 24 June.

Magistrate Nadine Lia is presiding. Assistant Commissioner Stephen Gatt and Superintendent Geoffrey Azzopardi prosecuted.  Lawyer Arthur Azzopardi was defence counsel.