A lawyer appearing for Tony Debono, the former Gozo minister's husband, protested before the Magistrate's court in Gozo this morning over objections by the prosecution to the production of the police file about the case.
Mr Debono, himself a ministry official, faces 13 charges including misuse of public funds. The central allegation, by whistleblower Joseph Cauchi, is that he commissioned works in private properties.
When the compilation of evidence continued this morning, lawyer Grezzju Mercieca, Consultant with the Gozo Ministry, said that towards the end of last October he was summoned for a meeting at the Gozo Ministry in the presence of permanent secretary John Borg, chief of staff Christian Zammit and two other ministry officials.
Joseph Cauchi was also present. Dr Mericeca said Mr Cauchi had been his client in a court case some years before.
Mr Cauchi claimed at the meeting that he was owed some €50,000 for works during the PN administration. The contractor said these works were carried out in private properties. He had two files.
The witness said he did not remember details but he recalled works at Brookies Restaurant, county paths, garages and the Gharb Football ground.
Subsequently, the permanent secretary took action on the allegations. Dr Mercieca said that according to the contractor these works had been authorised by the accused.
Under cross-examination by defence lawyer Joe Giglio, Dr Mercieca said that he had been a consultant for the ministry since April 2013. He could not remember for how long the payments to Mr Cauchi had been pending, but only that they were related to works under the PN administration.
Asked about the outcome of the meeting with Mr Cauchi, he said that if these pending payments were for works in private properties, the ministry could not be held responsible. He recounted that he had warned the contractor not to incriminate himself but Mr Cauchi’s outburst intensified. Dr Mercieca said he was the one who had floated the idea of whistleblower protection for the first time in that meeting.
Later in this morning's sitting Dr Giglio made submissions in reply to the Attorney General's objection to a defence request for a copy of the police file on this case. The request was made on May 26. The AG is objecting, saying the document cannot be reproduced according to law.
Dr Giglio said this file contained the various statements made during the investigation. He said the AG’s reply gave the impression that amendments made last year, in line with an EU Directive were not in force.
This request, he insisted, could only be denied in exceptional circumstances - if it threaten fundamental rights, or in order to safeguard important public interest. No such justifications applied in this case.
Dr Giglio said this information would be useful to compare the statements with what was being said in court.
How would this (file) prejudice the ongoing investigation?
The hearing continues on November 18.