Live - see latest additions below - The defence counsel in the Gozo 'works for votes' case this morning requested contempt of court proceedings against the police after they were given advice by the Attorney General's office not to hand copies of statements made to the police, despite a court order.

The request was made by Dr Joe Giglio who is defending Anthony Debono, the husband of former minister Giovanna Debono. 

Mr Debono is facing a total of 13 charges being brought against him, including misuse of public funds.

During the last sitting last October, the court heard contractor Joseph Cauchi, known as Is-Sansun, saying how he met Gozo Ministry officials in October 2013 complaining he was owed about €50,000 by the ministry for works carried out in private properties under the previous PN administration. 

According to the contractor, the works had been done on the instructions of Mr Debono in a bid to secure votes. Mr Cauchi was granted protection under the Whistleblower Act when the case first surfaced. 

Mr Cauchi had referred to various jobs in private properties like the surfacing of country paths, works at various garages, a restaurant in Victoria and the Għarb football pitch.

During the last sitting, defence counsel Joe Giglio referred to the Attorney General’s refusal to the request by the defence to view a copy of the police file on the case. The Attorney General said that was not possible because the investigation was ongoing.

He said the idea was to examine the statements made during the investigation and compare them with the testimony given in court.

The lawyer argued that such documentation should have been made available following law changes made last year in line with an EU directive. Dr Giglio said the only grounds for refusal would be if such documents were not in the public interest or violated fundamental rights.

In this case, however, this did not apply, he insisted. 

CONTEMPT OF COURT

When the sitting resumed this morning, Dr Giglio said the defence were informed last night that the Attorney General had given instructions for the statements in the police file not to be passed on to defence.

Apart from total disgust at the behaviour of the Attorney General, the defence expected the AG not to ignore a court order, Dr Giglio said.

This amounted to contempt of court. 

The request of the defence in the light of the refusal was to condemn the police commissioner and the AG to contempt

"In which democratic state can you have someone ignoring a court decree
It is very serious and we are going to put our foot down on this We are objecting to the continuation of the case because we are not being given something that is our right just because someone disagreed with a court order," Dr Giglio said.

Magistrate Neville Camilleri  said he could not understand why the application by the AG (not to hand over the statements) was filed this morning when the entire file was at the AG's office since December 23.

Police Inspector Rennie Stivala said that the police had legal advice that was only passed on the police on Monday. The police had no issue passing on statements taken by the police during their investigations. But there are also statements by people who were interrogated but did not mention the accused.

The magistrate said the decree was crystal clear. 

The inspector said the police application was seeking clarification on this aspect as it would damage other cases and other investigations. The police were only refusing to pass on the statements of people who did not mention Mr Debono

The Magistrate said the decree would stand unless there was an obscenity in it
And the court did not see any obscenity.

Dr  Giglio said the police submissions were made between May and December, when the decree had already been issued.

The decree was very clear, Dr Giglio said. In its decree the court had said that the prosecution should only keep to itself internal communication but pass on copies of statements taken during interrogations.

He said that until Monday, the defence and prosecution were discussing whether they were to be passed on as soft copies or else hard copies

But on Tuesday, the defence was informed about this sudden change in position.

No Attorney General would ever dictate to the defence what was relevant and what was not. 

"If he thinks so, he is very wrong." 

Magistrate Camilleri said the November 18 decree granting access to the police file was very clear, the court has nothing to add to it and therefore turned down the AG's request for revocation.

The Court moreover ordered the police to observe what the court had ordered it to do and deplored the fact that its decree was not respected. No further action would be taken at this stage.

The court then continued to hear witnesses who had not released any statements to the police.

PROPERTIES ON GOVERNMENT LAND

Malcolm Scerri senior technical office in government property division said he went through a list of 20 sites where works had been carried out,  to check whether these were government property or not.

Land in Gharb was government land rented out to the local council. Gharb primary school land was also government property. A cement road in the limits of San Dimitri fireworks factory was also government property, a private parking area in triq it-Trux Gharb was  government property but there was a section that was owned by the government but redeemed by Saviour Camilleri. 
A wall in same road was also government property.
 
A cement road in Zebbug was also on government property but land adjacent to the road was not owned by the state

A road in Ghasri where works were done was also government property.

A road in Fontana was not government property while another road in Victoria was owned by the government. A site in a passageway in Wied il-Lunzjata was owned by the state.

Kercem primary school site is government property but another site close by is registered on Antonia Calleja.

A passageway in Kercem was gov property but leading to properties that were not owned by the government.

Various other country lanes in Kercem were on government property.

Mr Scerri said he did not have any information of what kind of work was carried out in any of the sites