Vitals case: Defence wants inquiry dismissed as evidence

On Tuesday, defence lawyers representing a group of lawyers and adjudication committee members in the Vitals case called for the magisterial inquiry prompting the arraignments to be dismissed.

The defence representing lawyers Deborah Anne Chappell, Kevin Deguara, Kenneth Deguara, and Jean Carl Farrugia, as well as adjudication board member Robert Borg argued that the inquiry breached the suspects' legal rights.  

Defence lawyer Franco Debono insisted that the inquiry should be completely removed from the case records, insisting that when inquiries are initiated by private individuals, the law grants suspects certain rights that were not upheld in this instance.  

According to legal provisions, a suspect must be informed before an inquiry begins, given the opportunity to respond, and allowed to appeal if the magistrate decides to proceed with the investigation. While the original suspects, Keith Schembri and Konrad Mizzi, were afforded these rights, the current accused were not.  

Debono argued that anyone who becomes a suspect during an inquiry should receive the same legal protections as the original suspects. 

Defence lawyers Arthur Azzopardi, Stefano Filletti, Jonathan Thomson, and Ezekiel Psaila supported the request.  

However, prosecutors Francesco Refalo and Rebekah Spiteri from the Attorney General's office opposed the motion, stating that the request was premature and could be addressed at a later stage. The magistrate instructed the defence to submit a formal application, to which the prosecution would respond.  

Earlier in the hearing, prosecutors informed the court of their intention to have court expert Jeremy Harbinson present his findings via a letter of request rather than testifying in person.  

Debono questioned the justification for this approach, arguing that witnesses are typically required to appear in court.

The defence also noted that media reports suggested Harbinson was unwilling to travel to Malta, although this was not reflected in the case records. Prosecutors were asked to provide evidence supporting their request.