A Magistrates’ Court, presiding over a money-laundering case involving the daughters of former EU Commissioner John Dalli, is having to contend with logistical issues which are hampering progress in the proceedings.
Almost a year since criminal charges were first issued against Louise Dalli and Claire Gauci Borda, alongside foreign nationals Eloise Marie Corbin Klein, Charles Ray Jackson, Elizabeth Jean Jackson and Robert Mitchell McIvor, little progress had been registered.
All six co-accused were charged over allegations of money laundering, misappropriation of funds, fraud, making a false declaration to a public authority and the falsification and use of documents.
Ms Gauci Borda stands separately charged with breaching the Money Laundering And Financing Of Terrorism Act and with failing to carry out her professional duties as an accountant and auditor.
An apparent impasse in the case had first stemmed from the fact that two of the co-accused, namely Elizabeth Jean Jackson and Eloise Marie Corbin Klein, were allegedly unable, on account of health problems, to make an appearance in court.
During a previous sitting, Inspector Yvonne Farrugia had informed the court that the prosecution was to request the separation of proceedings in respect of Ms Jackson, a stroke survivor.
As for the other co-accused, Ms Corbin Klein, who suffered from mobility problems, the prosecution had claimed to have resolved the matter by finding suitable transport to ferry the house-bound patient to court.
Yet when the case resumed this week, Inspector Farrugia had to admit that logistical problems to get Ms Corbin Klein out of her home, were proving more difficult than projected.
Exhibiting correspondence with the booking office at Mater Dei Hospital, the Inspector explained that, following a risk assessment exercise by hospital staff, she had been informed that it was feared that both the patient as well as the persons handling her might end up hurt.
The Civil Protection Department, also contacted for assistance, had likewise expressed concern for the patient’s safety whilst being transported out of her home, even in view of the fact that the lifter employed in such cases could carry a maximum weight of 150 kilos.
In the light of such difficulties, the prosecution suggested the holding of one hearing at Ms Corbin Klein’s home and afterwards separate the proceedings, thereby allowing the case to continue unhampered by such logistical obstacles.
Furthermore, Inspector Farrugia declared that, according to information received by the police, Mr McIver, another of the co-accused, had passed away on October 24.
Presiding magistrate Aaron Bugeja, therefore, ordered the prosecution to file the relative death certificate in the records of the proceedings, given that a magisterial inquiry had been called following the discovery of Mr McIver’s death.
The only co-accused to attend the latest hearing were the two Dalli siblings, assisted by their lawyers Stefano Filletti and Stephen Tonna Lowell. The other four co-accused, although duly summoned, had once again failed to turn up.
Since the previous sitting, Dr Arthur Azzopardi, assisting the other co-accused, had filed an application claiming that Mr Charles Ray Jackson was also showing signs of psychiatric problems.
However, a report by a court-appointed psychiatrist who had examined the patient, was deemed “inconclusive” by Magistrate Bugeja.
“We have an interest in commencing and concluding these proceedings,” said Dr Tonna Lowell.
“That is the interest of all,” remarked the Magistrate. “Instead of waiting for the mountain to move, we need to go to the mountain instead. But something must be done.”
“Another alternative would be to withdraw the joint charges and issue fresh separate charges instead,” suggested Dr Filletti.
However, Inspector Farrugia pointed out that instructions from her superiors had been to request the setting of a hearing at Ms Corbin Klein’s home and then separate the proceedings from then on.
Having heard these submissions, the court adjourned the case for such a hearing in February, further noting that the parties were not objecting to this out-of-Court sitting given the unique characteristics of this case.
The case continues.