Former GRTU chief Vince Farrugia. Photo: Chris Sant Fournier

The Attorney General, the Police Commissioner and other high-ranking police officers have held a meeting to discuss whether former GRTU chief Vince Farrugia should be charged with perjury and concluded that there was not enough evidence, a court heard yesterday.

Police Inspector James Grech said that, after Magistrate Edwina Grima (now a judge) had ordered the police to investigate Mr Farrugia and other people for perjury in September 2013, a number of witnesses were interviewed.

The conclusion he reached – which was backed up by his superiors and the Attorney General – was that there was not enough evidence to proceed, Mr Grech said.

He was testifying before Magistrate Aaron Bugeja who was presiding over proceedings initiated by developer Sandro Chetcuti.

Mr Chetcuti filed an application, known as a challenge, against the Police Commissioner, asking the court to order the police to charge Mr Farrugia with suborning witnesses to give false evidence, perjury and fabrication of false evidence. On September 18, 2013, Mr Chetcuti was convicted of slightly injuring Mr Farrugia – the former director general of the Chamber of Small and Medium Enterprises, or GRTU – when he assaulted Mr Farrugia at the association’s Valletta offices in March 2010.

It would be wrong of me to issue charges if I feel there is not enough evidence

He was sentenced to a month in jail, suspended for a year. Magistrate Grima had ordered the Police Commissioner to investigate Mr Farrugia and other witnesses who could have committee perjury in court.

Mr Chetcuti said yesterday the police never asked to speak to him over the matter. Neither did they speak to Sylvia Gauci, a former member of the GRTU executive council.

Ms Gauci told Magistrate Bugeja she had initially testified that she saw Mr Chetcuti beat Mr Farrugia. However, during the compilation of evidence she retracted this version and said she never saw Mr Chetcuti hit Mr Farrugia. She had testified that several people who were at the GRTU’s offices – including Paul Abela (the current president) and two secretaries – had agreed on the version they should give to the police. She did not say who came up with the plan and denied being approached by Mr Chetcuti to change her version.

Mr Chetcuti’s lawyer, Edward Gatt, submitted that throughout the compilation of evidence against Mr Chetcuti evidence exposed attempts by Mr Farrugia to break the law.

“Filth, filth, filth... from beginning to end,” he said, insisting the police had enough evidence on which to charge Mr Farrugia.

Mr Grech, prosecuting, said he had studied the case for “long months” and arrested and spoken to various people, including Mr Farrugia. His conclusion remained that there was not enough evidence on which to proceed.

He added that, just because the defence managed to stir doubts about witnesses, it did not mean there was enough proof to charge them in court. “It would be wrong of me to issue charges if I feel there is not enough evidence,” he said.

Magistrate Bugeja put off the case to March 25 to give a ruling as to whether Mr Farrugia will be arraigned, noting that a decision could be made earlier.

On challenging the law

The law should be amended so that, whenever a challenge against the Police Commissioner is filed, the officer previously involved in investigations would not oversee the challenge proceedings, lawyer Edward Gatt said.

He said that, in this case, Police Inspector James Grech was the person who decided that there was not enough evidence to arraign Vince Farrugia. Mr Grech was now representing the police in the challenge proceedings that essentially asked the courts to declare that Mr Farrugia should be taken to court.

“By nature, mankind is not a switchboard,” Dr Gatt said as he stressed that the law should be amended so that police officers, such as Mr Grech, would not be placed in such a situation.