Updated | Caruana Galizia refuses to testify at magisterial inquiry on Egrant allegations

Malta Independent columnist Daphne Caruana Galizia has refused to give testimony to a magisterial inquiry that has been launched to investigate her recent allegations the Michelle Muscat is the ultimate beneficial owner of the secret offshore Panama company Egrant.

In a blogpost, Caruana Galizia said that the inquiry, that is being led by magistrate Aaron Bugeja, is a “sham” given that it was only ordered hours after evidence was removed from the offices of Nexia BT and Pilatus Bank.

A magisterial inquiry is carried out not by the “court” but by a magistrate acting in an investigative capacity, which means no one as yet is charged by the police before the court, although there may be suspects. The main purpose of the magisterial inquiry is to preserve the material traces of an offence and examine what evidence is available to determine whether any person should in fact be charged.

MaltaToday understands that the magisterial inquiry, regulated by the Criminal Code, can also summon witnesses to testify under arrest if they refuse.

Caruana Galizia said that a police officer from the Fraud Squad rang her at 11am to ask her to speak to Magistrate Bugeja at the Courts of Justice at noon. “I told her that this was impossible, that I was working, and that it is only the subjects of an investigation, not others, who can be ordered to drop everything and go immediately for interrogation, and even then, they have to be under arrest because otherwise it is by mutually convenient appointment.

“I explained that if the inquiring magistrate wishes to speak to me about matters related to an inquiry, given that I am not the subject of the inquiry then the proper procedure is for him to write to me formally, and then I will in turn formally respond to the request, through my lawyer, explaining that any such meeting would be pointless, because everything that I wish to report is already on my website and the rest is covered by the law on the protection of journalists’ sources.”

The police officer rang her back soon after to tell her that she had an order to go in at noon, and that the police could drive past her house to pick her up to save time.

“I replied that they would most certainly not do anything of the sort, that I had already explained why it would be out of the question for me to drop everything and come running, and that if the magistrate wished to jump through hoops to conclude everything quickly because that’s what the Prime Minister wants, then he could jump through hoops alone because I wasn’t going to jump with him. Nor was I going to allow a police car to pick me up because we don’t live in Zimbabwe.”

She added that journalists shouldn’t be forced to speak to an inquiring magistrate or to the police, given that they depend on the full trust of their sources “by doing nothing that might make them fear they are breaching confidentiality and putting them at risk, even just the appearance of it”.

Prime Minister Joseph Muscat and his wife Michelle testified in front of the magistrate this morning as part of an inquiry that he had personally requested. “Today my wife and myself gave our testimony to clear our name from the dirt that has been directed towards us,” Muscat told reporters waiting outside the law courts.

“We answered all questions truthfully and we hope that the court’s work is finalised in the shortest time possible so that we can clear our name.”

At a press conference shortly afterwards, he urged everyone with information on the case, which he described as “the biggest political frame-up in Maltese history” to approach the magistrate. He confirmed that he will request the Attorney General to give him a copy of the inquiry’s findings upon its conclusion, and that he intends to publish the findings in full.

“It’s up to the Attorney General whether to give me a copy or not, but I’m optimistic that he’s aware of the sensitivity of the situation and that he will comply with my request.”

Keith Schembri, the Prime Minister's chief of staff and the owner of the company Tillgate Inc, gave his testimony shortly after Muscat.  

On Friday, magistrate Aaron Bugeja, together with a number of police officials were at the offices of Pilatus Bank plc at Whitehall Mansions in Gzira.

This newspaper also understands that NexiaBT’s offices in San Gwann were also visited by the magisterial inquiry this morning.