Tancred Tabone's lawyer asks PAC not to summon client

Tancred Tabone's lawyer has written to the Public Accounts Committee requesting her client should not appear before the parliamentary committee due to the ongoing court case.

The former Enemalta chairman who is currently facing proceedings in connection with the oil procurement scandal, was meant to appear tomorrow before the PAC. But a letter sent by Tabone's lawyer, Gianella de Marco, informed the PAC that she preferred if her client were not to appear before the committee.

Moreover, the lawyer added, she was to be abroad and her client would therefore be without his preferred choice of legal aid.

While the PAC would accept Tabone's request to appear on another date when his lawyer would not be abroad, it will however insist that every individual had the obligation to appear before the PAC.

Tabone will therefore appear tomorrow before the PAC simply to confirm a future date.

According to standing orders, everyone had to appear before the committee, however the witness was not compelled to answer a question which might incriminate him.

In the case of oil trader George Farrugia, given a presidential pardon, Speaker Anglu Farrugia has ruled that Farrugia had to answer all questions put to him by the committee and would therefore not avail himself of this possibility.

The Speaker's ruling was given this evening, following a request made by PAC interim chairman Jason Azzopardi. Out of his own volition, Azzopardi yesterday asked the Speaker to consider Farrugia's presidential pardon and give a ruling "anticipating the issues which the witnesses may raise".

While parliamentary secretary for justice Owen Bonnici insisted that he was not against the Speaker's decision, he noted that Azzopardi should have never approached the Speaker on his own without informing anyone.

Moreover, Azzopardi had decided that Farrugia should appear tomorrow "forecasting" that Tabone would refuse to testify in the absence of his lawyer.

"I am not saying I disagree with the Speaker's ruling but those decisions should have been taken by us as full members of the committee and not by one person on his own," Bonnici said.

He insisted that he was not casting doubts on Azzopardi's actions but was pointing out that the chair didn't have such power.

"It is the committee that takes decision. That ruling should have been asked after discussion with members," he said.

Bonnici also pointed out that while witnesses had the right not to answer questions if these were to incriminate them, the PAC had all the right to ask the Speaker to give a ruling if it is believed that the witness would be lying.

At one point, Azzopardi noted that the PAC's secretary had found it "extremely difficult" to find George Farrugia's address. Without clarifying what he was referring to, Azzopardi said the secretary hadn't found "any cooperation" in accessing Farrugia's details.

The secretary also noted that while the letter notifying Farrugia of his appearance before the PAC had been delivered, no acknowledgement had been received.