Daren Debono charged over refusal to testify

Daren Debono it-Topo was arraigned before Magistrate Victor Axiak this morning over his refusal, whilst under oath, to identify all of his accomplices in the 2010 HSBC armed robbery.

Prosecuting Inspector Mario Xiberras summoned several witnesses, including court representatives, to testify about yesterday’s sitting in the compilation of evidence against Vincent Muscat, where Debono reneged on his part of a plea deal under which he was to serve ten years in return for testimony.

In yesterday’s sitting before magistrate Monica Vella, Debono insisted that he would only testify against the accused and would not name the rest of his accomplices, as he feared for his family’s safety.

READ MORE : Magistrate orders Topo’s arrest after he refuses to testify in clamorous twist to HSBC heist case 

Part of the arraignment was held behind closed doors, with the court understood to have been told details of the threat against Debono, who pleaded guilty to today’s charges of being a prevaricating witness and recidivism. A copy of the judgment finding him guilty of participating in the 2010 hold up was exhibited to substantiate the latter charge.

The charge of refusing to be sworn in or depose as a witness carries a maximum sentence of imprisonment for three months and a €4,600 fine, which goes up to six months if the person is a recidivist.

Lawyer Edward Gatt, appearing for Debono together with lawyer Ishmael Psaila. argued that his client had taken the oath as requested and had also confirmed that Muscat had taken part of the heist, entered the bank premises and had suffered a gunshot wound. He could therefore not be held guilty of refusing to testify, the defence argued.

When the courtroom was reopened to the public, Debono's lawyers requested bail, acknowledging that this exercise was a "purely academic" one, in view of the fact that Debono is currently incarcerated for his part in the attempted robbery.

The prosecution objected to the defence’s request. 

The court, after hearing submissions, upheld the bail request, stating that although the prosecution had carried out its duty and arraigned the accused under arrest as required by law in such proceedings, having heard the evidence and arguments, the requirement of keeping the accused under arrest no longer subsisted.

The court granted Debono bail on condition that he deposit €500 and provide a personal guarantee of €5,000. Debono’s lawyer informed the court that the accused did not possess sufficient funds to provide the deposit. 

The court ordered that the accused remain in custody until Monday morning, when his sentence is expected to be handed down.