A lawyer and former police inspector accused of masterminding several high profile hold-ups today hit out at a police constable/informant known as PC99 when he gave evidence in court.
Dr David Gatt was testifying in the criminal case against himself, where he is accused of complicity in the attempted hold-up at the HSBC Malta headquarters in June 2010, the hold-up on a jeweller in Attard in December 2010, complicity in the attempted hold-up of a bank security van in Qormi in January 2011 and complicity in the successful hold-up at Balzan HSBC branch in November 2007, when some €1 million were stolen.
He is also charged with complicity in holding people against their will and helping people wanted by the police including Fabio Psaila, Darren Debono and Vincent Muscat before they were arraigned over the attempted HSBC depot hold-up.
Dr Gatt told Magistrate Antonio Micallef Trigona that he joined the police force in 1989 and was appointed inspector in 1993. In 2001, he was asked to resign by then Police Commissioner John Rizzo because he "wasn't suitable to serve with the police force".
Dr Gatt had been accused of familiarity with well-known criminals after his name cropped up during an investigation of a major hold-up on a Group 4 security van in Birżebbuġa.
He subsequently sued the former Police Commissioner and former Prime Minister Eddie Fenech Adami for unfair dismissal. The court ruled in Dr Gatt’s favour and ordered his reinstatement in the police force. This decision was confirmed on appeal.
DAVID GATT TO RECEIVE €130,000 FOR PERIOD HE WAS KEPT OUT OF THE POLICE FORCE
Dr Gatt said that he was due to receive around €130,000 to cover the period he spent away from the police force. However, he continued, he had received a letter from the principal permanent secretary informing him that steps were once again going to be taken against him.
The accused went on to file a warrant of prohibitory injunction, which was upheld, and opened another case which so far has not been concluded.
Nineteen days later, in the beginning of December 2010, he was arrested and went on to spend nine weeks behind bars before being granted bail in February of the next year.
The star witness in the case against him - Police Constable Mario Portelli, known by his police number PC99 - was boarded out from the police corps in 2014.
Dr Gatt testified that he knew for a fact that this was done because of psychological reasons.
He said that he knew PC99 in the corps, although they had never served together since PC99 was assigned to the mobile squad.
They had met again while he (Dr Gatt) was studying for his law degree.
Dr Gatt testified that he used to meet up with him once every three months because PC99 was "separated and had no friends".
GATT DENIES CRIMINAL MASTERMIND ALLEGATIONS
At this point, Dr Gatt was asked whether he was indeed the mastermind behind the string of hold-ups. A pause ensued, with Dr Gatt breaking it to reply that he "didn't quite know what to say".
"I don't know anyone at HSBC," he started to say before being interrupted by Magistrate Micallef Trigona, who told him that the question necessitated a simple yes or no answer.
"No," came the reply.
PC99 "WAS NOT ALL THERE"
Dr Gatt told the court that PC99 riled a number of police officers in the force. He said that he had assisted PC99 in an appeal case when PC99 and other policemen had beaten up some patrons at the Fuego club. He insisted that PC99 and himself had "never argued".
However, Dr Gatt continued, he slowly realised that PC99 "was not all there".
He recounted an incident where PC99 stormed into the farm owned by the father of his ex-wife with a hammer and brought it down on two of their dogs, killing them.
Dr Gatt claimed that PC99 used to boast of robbing migrants, and that he used to tell him that he received some €50 from a surgeon whom he blackmailed "over some video".
He said PC99 also had a close relationship with Dr Gatt's client Fabio Psaila. Dr Gatt had advised his client not to cosy up to PC99, upon which the latter had took offence. He added that PC99 also had a close friendship with former Police Commissioner Rizzo.
Turning to medical doctor John Zammit Montebello, the lawyer testified that he had known him from the time he would accompany lawyer (now Economy Minister) Chris Cardona to Old Smugglers in Balzan for a drink after work.
At the time, Dr Gatt said he was undertaking legal practice with Dr Cardona's law firm prior to obtaining his warrant. Dr Gatt also stands accused of helping Darren Debono (it-Topo) seek medical attention after he was shot by the police in the HSBC operations centre shootout and of trying to prevent Dr Zammit Montebello from alerting police after he had examined the injured Mr Debono.
Dr Gatt said that while Mr Psaila was at his office (since he was assisting him in the family court), Mr Psaila had asked him for Dr Zammit Montebello's number, which he had freely given him. Two days later, Dr Gatt was watching the news broadcast when he learnt that Dr Zammit Montebello's clinic had been raided by the police, he told the court.
"I thought to myself: is this a coincidence? I hope this has nothing to do with it. Fabio was not arrested. The two who were arrested - Darren Debono and Vince Muscat - had never come to my office."
After the two were arrested at the clinic after they returned there the day following the HSBC heist, Mr Muscat visited Dr Cardona's office and asked him to represent him in case he was arraigned.
Referring to Dr Zammit Montebello's testimony that Dr Gatt had warned him not to mention his name in court, Dr Gatt said he "did not exclude" telling him those words. Asked for the reason why, Dr Gatt replied sarcastically: "Because I knew just how much John Rizzo loved me. I was very suspicious and, with a drink in my head, one becomes even more so"
GODFATHER THEME SONG PLAYED IN PRISON WHEN PARENTS VISITED
Asked by his defence lawyer Joe Giglio how he felt throughout his ordeal, Dr Gatt said he was worried most of all for his parents, adding that The Godfather's theme song would be played through the prison's PA system each time his mother visited him. The prank only stopped when he asked former Archbishop Paul Cremona, during a visit to the prisons, to intervene on his behalf.
PC99 had also alleged that Dr Gatt had, in 1999, located a bag full of cash which he had returned to businessman Michael Mizzi, who owns the Goldmarket.
"And according to PC99, because Michael Mizzi did not tip me, I decided to send people to rob him 13 years later!" Dr Gatt exclaimed.
Dr Gatt also testified that PC99 had been investigated by the police because he used to frequent prostitutes at Manoel Island with another police constable while they served with the mobile squad.
Asked by Dr Giglio whether he forgave PC99, Dr Gatt retorted: "Of course not - do you think I'm a priest?"
Police inspectors Joseph Mercieca and Michael Mallia are prosecuting.